3. City Council, within 60 days of initiation of the proceedings, must cancel or continue the contract.
4. The secretary must notify the applicant and the property owner of the Council’s decision by certified mail within 10 days.
l. Cancellation Fee
If a Mills Act contract is canceled pursuant to subparagraph 1. of paragraph G. of this section above, the property owner must be liable to the City for a cancellation fee equal to 12½ percent of the current fair market value of the property.
20. Historic Rehabilitation Financing Program
The Marks Historic Rehabilitation Act of 1976 was established by the State of California to allow cities and counties to provide long-term, low-interest loans to finance the preservation, restoration, and rehabilitation of Historical Resources. The City of Pomona hereby establishes a Historic Rehabilitation Financing Program in accordance with and subject to, the provisions of the Marks Historic Rehabilitation Act of 1976.
a. Rehabilitation Area
This area must consist of all properties within the City. b. Eligible Structures
Any property eligible for funding under this program must be within a rehabilitation area as defined in Sec. XX., and must be a designated a Local Historic Landmark or Landscape, a contributing structure to a designated Local Historic District, or listed or determined eligible for listing, on the California Register of Historical Resources or the National Register of Historic Places.
c. Rehabilitation Requirements
Any property rehabilitated with funding from this program must meet the following requirements:
1. Rehabilitation Standards
Any rehabilitation must use the Secretary of the Interior’s Standards for the Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating Restoring Reconstructing Historic Buildings and any local preservation and design guidelines adopted by the City.
2. Maintenance
Any property rehabilitated with funding from this program must be maintained in good condition for a period of at least ten (10) years from the completion of the rehabilitation.
DRAFT May 16, 2024 Pomona, California | Zoning & Development Code 8-25 Standards Part 8 | Historic Preservation, Specific Plans, & Overlay Districts d. Advisory Board
The City Council will establish an Advisory Board pursuant to and in accord with State Law, if and when an application for funding under this section is received by the City.
21. Incentives for Historic Preservation
The following section is provided to allow for incentives to be used to support the preservation, maintenance and appropriate rehabilitation of the City’s designated Historical Resources. a. Eligible Properties
Preservation incentives must be made available to owners of any property subject to this ordinance.
b. Eligible Projects
The following types of projects are eligible for preservation incentives. Any project listed below must comply with the Secretary of the Interior’s Standards for the Treatment of Historic Properties and be approved by the Historic Preservation Commission.
1. Restoration or Exterior Rehabilitation that includes the restoration, repair or replacement, in kind, of significant architectural features; or
2. Relocation to another site if relocation would prevent demolition; or
3. Restoration of designated interior spaces; or
4. Seismic reinforcement or structural rehabilitation; or
5. Replacement of building systems that will further the preservation of the historical resource.
6. Additions must be eligible for development incentives only. c. Incentives
The following incentives may be used for eligible projects as listed above:
1. Economic and Financial Incentives
i. Approval of a Mills Act contract pursuant to Sec. XX. ii. Approval of funding through the Historic Rehabilitation Financing Program, as prescribed in Sec. XX.
iii. Approval of funds through the Historic Preservation Trust Fund, as prescribed in Sec. XX. iv. Grants or loans through other City Funding Sources, including but not limited to Housing funds
v. Preservation Easements
vi. Reduction or elimination of building plan-check or permit fees vii. Reduction or elimination of development-impact fees viii. Reduction or elimination of any other applicable City fees 8-26 Zoning & Development Code | Pomona, California DRAFT May 16, 2024 Part 8 | Historic Preservation, Specific Plans, & Overlay Districts Standards ix. Federal Rehabilitation Tax Credits (applied through the California Office of Historic Preservation)
2. Development Incentives
i. State Historic Building Code.
ii. Setback Reductions
Reductions in required setbacks or changes in height requirements may be granted when a reduction allows for the restoration of a character-defining feature, or allows for character-defining features to be replicated in additions to historic structures. In no case must a reduction in a setback be granted when the reduction will cause an adverse affect to the property or cause an adverse affect to the character of the neighborhood or district.
22. Preservation Easement
Preservation easements on the facades of buildings designated as an Historical Resources may be acquired by the City, or on the City’s behalf, by a nonprofit group designated by the City through purchase, donation, or condemnation pursuant to the California Civil Code (Sec. 815).
23. California State Historic Building Code
The California State Historic Building Code (SHBC) provides alternative building regulations for the rehabilitation, preservation, restoration, or relocation of structures surveyed and identified as Historical Resources. The SHBC must be used in evaluating any building permit for work affecting an Historical Resource.
24. Duty to Keep in Good Repair
In addition to any duty of maintenance established by another provision of this code or other applicable law, the owner, or other person in possession of an Historical Resource has a duty to keep in good repair all of the exterior features of such Resource, and all interior features thereof which, if not maintained, may cause or tend to cause the exterior features of such resource to deteriorate, decay become damaged or fall into a state of disrepair. a. All Historical Resources must be preserved against such decay and be kept free from structural defects through the prompt repair of any of the following:
1. Facades which may fall and injure a member of the public or property,
2. Deteriorated or inadequate foundation, defective or deteriorated flooring or floor supports, deteriorated walls or other vertical structural supports,
3. Members of ceilings, roofs and roof supports or other horizontal members which age, split or buckle,
4. Deteriorated or insufficient waterproofing of exterior walls, roofs, foundations or floors, including broken windows or doors,
5. Defective or insufficient weather protection for exterior walls, including lack of paint or weathering due to lack of paint or other protective covering, DRAFT May 16, 2024 Pomona, California | Zoning & Development Code 8-27 Standards Part 8 | Historic Preservation, Specific Plans, & Overlay Districts
6. Any fault or defect in the building, which renders it not watertight or structurally unsafe. b. A Certificate of Appropriateness must not be issued for the demolition of an Historical Resource because of the failure of the owner to comply with this section. c. It must be the duty of the Building Official and Code Compliance Officers to enforce this section.
25. Normal Maintenance and Repair
Nothing in this section must be construed to prevent the ordinary maintenance or repair of any exterior architectural feature in or on any property covered by this chapter that does not involve a change in design, material, or external appearance thereof.
26. Unsafe and Dangerous Conditions
a. Nothing contained in this section must prohibit the construction, alteration, restoration, demolition, or relocation of any Historical Resource when such action is required for public safety due to an unsafe or dangerous condition, which cannot be rectified through the use of the California State Historic Building Code.
b. The Department must, upon an assessment and recommendation of the Building Official, certify that such a condition exists and inform the Historic Preservation Commission of that determination. Upon such a certification, a Certificate of Appropriateness must not be required for work within the scope of this section.
27. Enforcement and Penalties
a. Any person who violates a requirement of this ordinance or fails to obey an order issued by the Historic Preservation Commission or comply with a condition of approval of any certificate or permit issued under this section must be guilty of a misdemeanor punishable pursuant to Sec. XX. b. Any alteration or demolition of an Historical Resource in violation of Sec. 800. (Historic Preservation) is expressly declared to be a nuisance and must be abated by restoring or reconstructing the property to its original condition prior to the violation. Any person or entity who demolishes or substantially alters or causes substantial alteration or demolition of a structure, in violation of the provisions of Sec. 800. (Historic Preservation), must be liable for a civil penalty pursuant to Sec. 800.AC.4. and/or Sec. XX. (XX.), as well as any other criminal or civil remedy authorized by this Zoning and Development Code or other law. c. Alteration or demolition of an Historical Resource in Violation of this chapter must authorize the City to issue a temporary moratorium for the development of the subject property for a period not to exceed 24 months from the date the City becomes aware of the alteration or demolition in violation of this article. The purpose of the moratorium is to provide the City an opportunity to study and determine appropriate mitigation measures for the alteration or removal of the historic structure, and to ensure measures are incorporated into any future development plans and approvals for the subject property. Mitigation measures as determined by the director must be imposed as a condition of any subsequent permit for development of the subject property. d. In the case of demolition, the civil penalty authorized by Sec. 800.AC.2. must be equal to half of the assessed value of the Historical Resource prior to the demolition. In the case of alteration, the civil penalty authorized by paragraph B. of this section must be equal to half of the cost of restoration of the altered portion of the Historical Resource. Building and construction permits 8-28 Zoning & Development Code | Pomona, California DRAFT May 16, 2024 Part 8 | Historic Preservation, Specific Plans, & Overlay Districts Standards and/or a Certificate of Occupancy may not be issued for additional work on the property (other than work pursuant to Sec. XX. (XX.) until the penalty has been paid in full to the City. e. In addition to any other remedies available at law or in equity, the City Attorney may maintain an action for injunctive relief to restrain a violation or cause, where possible, the complete or partial restoration, reconstruction or replacement of any structure demolished, partially demolished, altered or partially altered in violation of Sec. 800. (Historic Preservation).
28. Design Standards and Guidelines
In order to ensure that Pomona’s historic buildings are preserved for future generations, the Historic Preservation Commission will develop guidelines and standards to assist owners in the preservation, rehabilitation, protection and maintenance of historic buildings. Any guidelines must be consistent with the Secretary of the Interior’s Standards for the Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring and Reconstructing Historic Buildings.
DRAFT May 16, 2024 Pomona, California | Zoning & Development Code 8-29 Established Historic Districts and Landmarks Part 8 | Historic Preservation, Specific Plans, & Overlay Districts 800.D. Established Historic Districts and Landmarks
1. Intent
a. Pomona's Historic Districts, as defined in Sec. XX., include:
1. Hacienda Park Historic District
2. Lincoln park Historic District
3. Wilton Heights Historic District
4. Edison Historic District
5. Civic Center Historic District; and
6. Landmark Quarter Historic District
2. Zoning District
a. Each historic district uses an abbreviation for inclusion into the zoning map by adding an (-H) to the zoning district name where the overlay district applies. An example of this would be 'NE2-H'. b. Historic landmarks located outside an historic district also uses an (-H) abbreviation for inclusion into the zoning map.
3. Zoning District Brackets
a. Each historic district is also represented within the second bracket of a zoning district as defined in Sec. 110.A.2.d. An example of this would be 'NE2-H = [LM2-G1-CX2] [WHHD]'. All historic districts are abbreviated within the second zoning district bracket as follows:
1. HPHD: Hacienda Park Historic District
2. LPHD: Lincoln Park Historic District
3. WHHD: Wilton Heights Historic District
4. CCHD: Civic Center Historic District
5. LQHD: Landmark Quarter Historic District
6. EDHD: Edison Historic District
b. Historic landmarks located outside an historic district is represented within the second bracket of the zoning district and uses an (-HL) abbrevation within the second zoning district bracket. 8-30 Zoning & Development Code | Pomona, California DRAFT May 16, 2024 Part 8 | Historic Preservation, Specific Plans, & Overlay Districts Definitions 800.E. Definitions
The following definitions apply to Sec. 800. (Historic Preservation):
Alteration. Any exterior change or modification, through public or private action, to the characterdefining or significant physical features of properties affected by this section. Such changes or modifications may be made to structures, architectural details, or visual characteristics, grading or surface paving. Also, changes or modifications may include the addition of new structures; cutting or removal of trees, landscaping, or other natural features; disturbance of archaeological sites or areas; and the placement or removal of visually or architecturally significant signs, plaques, light fixtures, street furniture, walls, fences, steps, plantings, or landscape accessories.
ANSI A300 Pruning Standards. Industry-developed, national consensus standards for the practice of tree care such as reasons to prune a tree may include, but are not limited to, reducing risk, managing tree health and structure, improve aesthetics, or achieving other specific objectives. Intended for use by federal, state, municipal, private entities including arborists, property owners, property managers, and utilities.
Applicant. An individual or an organization (private or public) submitting an application for a certificate of appropriateness for any proposed work on any designated historic landmark, or on any building, structure, or improvement on private or public property within a designated historic district.
Certificate of Appropriateness. A certificate issued by the Historic Preservation Commission approving such plans, specifications, statements of work, and any other information which is reasonably required by the Historic Preservation Commission to make a decision on any proposed exterior alteration, restoration, rehabilitation, construction, removal, relocation or demolition, in whole or in part, of or to a designated resource, designated site, or to a building or structure within a historic district.
Certificate of Deconstruction. A certificate issued by the Historic Preservation Commission approving the demolition and salvage, in whole or in part of an individual historic resource, a contributor to an historic district, or any other primary structure legally constructed that is 50 years old or older.
Certificate of Economic Hardship. A certificate issued by the Historic Preservation Commission to an applicant for a Certificate of Appropriateness for a project that due to an economic hardship does not comply with the Pomona’s historic preservation design standards and guidelines, and the Secretary of the Interior's Standards. The approval may include provisions to maintain as much as possible of the historic integrity of the property.
Character-Defining Landscaping. Landscaping that includes all the trees currently designated on the City’s “Protected Species List” and located in the historic districts and historic sites throughout the City. This definition also includes trees not on the “Protected Species List” and located outside historic districts but on historic sites.
Circumference Measured at Breast Height. The measurement around the tree trunk that is measured at 4½ feet above ground level. Trees that split into multi-trunks below 4½ feet must use the sum of each individual trunk measured at 4½ feet above ground level to determine the circumferences.
Construction. The act of constructing an addition to an existing building or structure or the erection of a new principal or accessory structure or building on a lot or property.
DRAFT May 16, 2024 Pomona, California | Zoning & Development Code 8-31 Definitions Part 8 | Historic Preservation, Specific Plans, & Overlay Districts Contributing Resource or Structure. Any property which contains an improvement or natural feature included in the application for an historic district which provides substance to the district's character.
A contributor must be considered an historic landmark in all respects.
Demolition. Any act or process that destroys in part or whole an individual historic resource, a contributor to an historic district, or any other primary structure legally constructed that is 50 years old or older.
Design Guidelines. The principles contained in a document which illustrate appropriate and inappropriate methods of rehabilitation and construction. The purpose of using a set of design guidelines is to aide design and decision-making with regard to retaining the integrity of scale, design intent, materials, feeling, patterns of development, and historical character of a landmark building or historic district. These principles are listed in the Secretary of Interior's Standards for Rehabilitation, set forth by the United States Department of the Interior.
Designated Historic Landmark. Any improvement or natural feature that has special historical, cultural, aesthetic, or architectural character, archaeological importance, interest, or value as part of the development, heritage or history of the city of Pomona, the state of California, or the nation, that has been designated a historic landmark of the city of Pomona and placed on the Pomona historic register.
Diameter at Breast Height (DBH). A form of measurement of an existing tree trunk. Diameter is measured at 4½ feet above ground level. Trees that split into multi trunks below 4½ feet must use the sum of each individual trunk measured 4½ feet above the natural grade to determine the diameter.
Drip Line. A line which may be drawn on the ground around a tree directly under its outermost branch tips and which identifies that location where rainwater tends to drip from the tree.
Eligible Historic District. Any group of properties surveyed at the intensive level in accordance with the standards set forth by the California Office of Historic Preservation, and determined by the Historic Preservation Commission to meet the applicable designation criteria set forth in this section is considered an Eligible Historical Resource.
Eligible Historic Resources. Any property or properties surveyed at the intensive level in accordance with the standards set forth by the California Office of Historic Preservation, and determined by the Historic Preservation Commission to meet the applicable designation criteria.
Exempted Properties. Properties which are specifically exempted by the City Council during consideration of a historic district designation. For purposes of determining district boundaries, such properties must be considered part of the subject historic district. Property owners at the time of exemption must be exempt from the provisions of the historic preservation ordinance so long as they retain ownership of the property. Transfer of ownership between relatives must constitute a change of ownership.
Hazard or Hazardous Condition. Any condition in a tree that poses a significant and imminent threat of serious injury or harm to the public or catastrophic damage to real property.
Historic Contexts. An Historic Context Statement provides the background and the basis for evaluating properties to determine their historical significance. An historic context statement is an organizational framework for historic preservation. The historic context organizes information based on an historical theme and its geographical and chronological limits. Contexts describe the significant broad patterns of development in an area that may be represented by historic properties. The development of 8-32 Zoning & Development Code | Pomona, California DRAFT May 16, 2024 Part 8 | Historic Preservation, Specific Plans, & Overlay Districts Definitions historic contexts is the foundation for decisions about identification, evaluation, registration and treatment of historic properties. An historic context provides an understanding of the relationship of individual properties to other similar properties, which allows decisions about the identification, evaluation, registration and treatment of historic properties to be made reliably. Information about historic properties representing aspects of history, architecture, archeology, engineering and culture must be collected and organized to define these relationships.
Historical Resource. Improvements, buildings, structures, signs, features, sites, scenic areas, views and vistas, places, areas, landscapes, trees, or other objects of scientific, aesthetic, educational, cultural, architectural, archaeological objects, or historical significance to the citizens of the city of Pomona, the state of California, the Southern California region, or the nation which may be eligible for landmark status, and therefore, appropriate for historic preservation by the Historic Preservation Commission and the City Council.
Historical Resource Surveys. Surveys are performed to identify properties that have the potential to become eligible Historical Resources as well as areas and neighborhoods that, due to the concentration of potential Historical Resources, have the potential to be historic districts. Surveys are conducted at two different levels, Reconnaissance and Intensive. Properties surveyed at the reconnaissance level in accordance with the standards set forth by the California Office of Historic Preservation are identified but not evaluated for historic significance. Intensive-level surveys identify and evaluate properties for historic significance. Intensive-level surveys must identify the applicable theme (in an adopted historic context statement), the designation criteria met and how the property meets historic integrity standards.
Historic Landscape. A geographic area, including both cultural and natural resources and the wildlife or domestic animals therein, associated with a historic event, activity, or person, or exhibiting other cultural or aesthetic values. These include historic sites, historic designed landscapes, historic vernacular landscapes and ethnographic landscapes as defined by the National Park Service in Preservation Brief 36.
Historic Sites. Historic landmarks and contributing and non-contributing structures within historic districts and historic sites outside historic districts throughout the City. Structures legally exempted from the historic district must not be subject to the private property restrictions of this program.
Landscaping within the public right-of-way adjacent to an exempted structure must be subject to this program.
Improvement. Any fixture or emblements affixed to public or private real property such as a building, structure, fence, gate, landscaping, tree, wall, parking facility, streetscape, sidewalk, paving, street light, street sign, bollard, park furniture, work of art, or other object constituting a physical feature of real property or any part of such feature.
International Society of Arboriculture (ISA). A professional association of arborists and tree workers that is recognized internally as one of the leading agencies in the research and establishment of high standards for all aspects of tree care.
Integrity. The ability of a property to convey its historical significance. A property would typically possess several of the following seven aspects of integrity, as defined in National Register Bulletin 15, to convey its significance: Location, Design, Setting, Materials, Workmanship, Feeling and Association.
Landmark Tree. A tree designated as a landmark of historic or cultural significance and of importance to the community due to any of the following factors: It is one of the largest or oldest trees of the species located in the city; it has historical significance due to an association with a historic building, DRAFT May 16, 2024 Pomona, California | Zoning & Development Code 8-33 Definitions Part 8 | Historic Preservation, Specific Plans, & Overlay Districts site, street, person or event; or it is a defining landmark or significant outstanding feature of a neighborhood.
Landmark-Eligible Tree. A tree which meets the criteria for designation as a landmark tree, as determined by the review authority.
8-34 Zoning & Development Code | Pomona, California DRAFT May 16, 2024 Part 8 | Historic Preservation, Specific Plans, & Overlay Districts General Sec. 810. Specific Plans
810.A. General
1. Intent
A Specific Plan provides regulatory controls in-lieu of those provided in the zoning districts established in Part 2 (Summary of Zoning Districts) for the systematic implementation of the General Plan.
2. Applicability
Any property located within one of the following Specific Plans:
a. Downtown Pomona Specific Plan (2020)
b. Pomona Corridors Specific Plan (2020)
c. Phillips Ranch Specific Plan (2016)
d. Mountain Meadows Specific Plan (2020)
e. Mission 71 - Business Park Specific Plan (2005)
f. Pomona Valley Hospital Medical Center Specific Plan (2010)
3. Zoning District Brackets
a. Similar to the zoning district names established in Sec. 110.A.4. (Zoning Districts), each Specific Plan uses an abbreviation for inclusion into the zoning map. All Specific Plans are abbreviated as follows:
1. DTSP: Downtown Pomona Specific Plan (2020)
2. COSP: Pomona Corridors Specific Plan (2020)
3. PRSP: Phillips Ranch Specific Plan (2016)
4. MMSP: Mountain Meadows Specific Plan (2020)
5. 71SP: Mission 71 - Business Park Specific Plan (2005)
6. MCSP: Pomona Valley Hospital Medical Center Specific Plan (2010) b. For more details about Specific Plans within zoning district brackets, see Sec. 110.A.2. (Zoning Modules).
DRAFT May 16, 2024 Pomona, California | Zoning & Development Code 8-35 Procedures Part 8 | Historic Preservation, Specific Plans, & Overlay Districts 810.B. Standards
1. Standards and permitted uses are established by the adopted Specific Plan covering the subject area.
2. Where the Specific Plan is silent regarding certain development standards, the Administrator will determine the applicability of similar development standards established in this Zoning and Development Code.
3. When a use is not listed in the permitted uses section of the Specific Plan covering the subject area, the use is not permitted unless a determination of similarity is approved (Sec. 530.A.2.). 810.C. Procedures
See Sec. 11XX (Review and Approval Procedures).
8-36 Zoning & Development Code | Pomona, California DRAFT May 16, 2024 Part 8 | Historic Preservation, Specific Plans, & Overlay Districts General Sec. 820. Overlay Districts
820.A. General
1. Intent
An overlay district provides regulatory controls in addition to those provided in the zoning districts established in Part 2 (Summary of Zoning Districts) for the systematic implementation of the General Plan.
2. Applicability
Any property located within one of the following overlay districts:
a. Commercial Cannabis Permit Program Overlay District Sub-Areas:
1. SA1 - Retail Only
2. SA2 - Retail Only
3. SA3 - Cultivation, Distribution, Manufacturing, Mirobusiness, Testing
4. SA4 - Cultivation, Distribution, Manufacturing, Testing b. Fairplex Overlay District
3. Zoning District
Each overlay district uses an abbreviation for inclusion into the zoning map by adding an additional letter to the zoning district name where the overlay district applies. An example of this would be 'NE1-C'. All overlay districts are abbreviated as follows:
a. -C: Commercial Cannabis Permit Program Overlay District b. -F: Fairplex Overlay District
DRAFT May 16, 2024 Pomona, California | Zoning & Development Code 8-37 General Part 8 | Historic Preservation, Specific Plans, & Overlay Districts
4. Zoning District Brackets
Each overlay district is also represented within the second bracket of a zoning district as defined in Sec. 110.A.2.d. An example of this would be 'NE1-C = [LM2-G1-CX1] [SA1]'. All overlay districts are abbreviated within the second zoning bracket as follows:
a. Commercial Cannabis Permit Program Overlay Districts Sub-Areas:
1. SA1: SA1 - Retail Only
2. SA2: SA2 - Retail Only
3. SA3: SA3 - Cultivation, Distribution, Manufacturing, Mirobusiness, Testing
4. SA4: SA4 - Cultivation, Distribution, Manufacturing, Testing b. F: Fairplex Overlay District
8-38 Zoning & Development Code | Pomona, California DRAFT May 16, 2024 Part 8 | Historic Preservation, Specific Plans, & Overlay Districts Standards 820.B. Standards
1. Commercial Cannabis Permit Program Overlay District (-C) The Commerical Cannabis Permit Program Overlay District regulates commercial cannabis locations and activities by sub-area. See the City Code (Ch. 68) for any standards related to the Commerical Cannabis Permit Program Overlay District.
2. Fairplex Overlay District (-F)
The Fairplex overlay district regulates any properties affiliated with the Fairplex as public fairgrounds in a manner that does not create smoke, gas, odor, dust, sound, vibration, soot, lighting, or other nuisance to persons residing in or near the Fairplex.
The Fairplex overlay district permits a range of public entertainment, exhibition, commercial, conference, equine, and other events and uses on a year-round basis as previously permitted by Ord. 2450.
a. Uses Permitted
1. The following fair related uses are permitted within this overlay district without any permit except for building and grading permits as applicable:
i. Child Care
ii. Commercial uses related to other permitted uses in structures less than 30,000 square feet
iii. Consumer Shows
iv. Drag Racing
v. Exhibitions
vi. Fairs and Festivals
vii. Filming and photographic shoots
viii. Financial Services
ix. Fireworks Displays
x. Food Service including Banquets, Catering, and Concessions xi. Horse Exhibition, Sales, Racing, Wagering including Satellite Wagering xii. Live Entertainment
xiii. Livestock
xiv. Pet and Other Animal Exhibitions, Training, and Sales xv. Meetings and Conferences
xvi. Outdoor Recreation including but not limited to Camping, Picnics, Rallies, Social Events, and Sporting events
DRAFT May 16, 2024 Pomona, California | Zoning & Development Code 8-39 Standards Part 8 | Historic Preservation, Specific Plans, & Overlay Districts xvii. Religious, educational, charitable, community and political activities xviii. Testing and Demonstration of Mechanical Equipment and Devices to the Extent that such Uses Do Not Violate the City's Noise Ordinance
xix. Trade Shows
xx. Business Support services for permitted uses
xxi. Facility and Vehicle Maintenance for Permitted Uses
2. The following fair related structures may be maintained, altered, expanded or erected within this overlay district without any permits except for building and grading permits as applicable:
i. Auditoriums and Meeting Halls
ii. Banks and ATMs
iii. Bars and Drinking Facilities
iv. Campgrounds
v. Caretaker and/or Employee Residential Quarters
vi. Child Care Centers
vii. Community and Cultural Centers
viii. Concert and Performing Art Theaters, both Indoor and Outdoor ix. Drag Racing Facility
x. Equestrian Facilities including Horse Race Tracks, Equine Hospitals, Off-Track Wagering Facilities
xi. Paddocks, Sales Pavilions, Show Rings, Trails and Water Quality Systems xii. Exhibit Buildings
xiii. Governmental Buildings and Sponsored Uses
xiv. Grandstand/Suite Complex
xv. Libraries and Museums
xvi. Livestock Stables
xvii. Offices for Administrative Purposes
xviii. Off-Street Parking
xix. Outdoor Public Address Systems except as restricted by Sec. 820.B.3.b.1.i. xx. Parking Structures
xxi. Pipeline and Utility Lines
xxii. Public Safety Facilities
8-40 Zoning & Development Code | Pomona, California DRAFT May 16, 2024 Part 8 | Historic Preservation, Specific Plans, & Overlay Districts Procedures xxiii. Recreational Vehicle (RV) Parks
xxiv. Restaurants
xxv. Signs and Signage, On-site Only
xxvi. Trade and Conference Centers
xxvii. Tents and Temporary Structures
xxviii. Warehouses
b. Uses Permitted by Conditional Use Permit
1. The following uses are permitted only upon the granting of a conditional use permit:
i. Use of Outdoor Public Address Systems between 10PM to 9AM at Times Other Than During the Regular Fair Season
ii. Convention Centers
iii. Sports Arenas
iv. Wireless Communication Facilities, Subject to Sec. 540.C.2. v. Hotels and Motels
vi. Heliports
vii. Amateur/Ham Radio Antenna Greater Than 35 feet in Height viii. Commercial/Retail Developments in Excess of 30,000 Square Feet ix. Residential Developments Except for Caretaker/Employee Quarters x. Other Uses Not Specifically Listed
2. Before approving any such conditional use permit, the Planning Commission must make the findings required in Sec XX. (Conditional Use Permit).
3. The fairgrounds delineated for conditional use permit applications must include all buildings and parking areas used by the subject use and the amount of permit fee to be determined by this area.
4. The conditionally permitted use listed above must also comply with the requirements of the provisions of the California Environmental Quality Act (CEQA) guidelines, as applicable. c. Uses Expressly Prohibited
Medical Marijuana Dispensaries
820.C. Procedures
1. Cannabis Overlay Districts (-C)
See Sec. 11XX (Review and Approval Procedures) and the City Code (Ch. 68).
DRAFT May 16, 2024 Pomona, California | Zoning & Development Code 8-41 Accessory Dwelling Units Part 8 | Historic Preservation, Specific Plans, & Overlay Districts
2. Fairplex Overlay District (-F)
a. Design Review Compliance
For all conditionally permitted uses listed in Sec. 820.B.3.b. that involve the physical development of permanent structures, said structures are subject to site design and architectural review and approval by the Development Services Director prior to the issuance of any building permit for said structure or use.
b. See Sec. 11XX (Review and Approval Procedures).
Sec. 830. Special Provisions
830.A. Accessory Dwelling Units
1. Purpose and Intent
The purpose of this section is to regulate Accessory Dwelling Units in accordance with the California Government Code (Sec. 65852.2 and 65852.22) while:
a. Providing affordable housing to meet the needs of the citizens of Pomona; b. Ensuring that the development of ADUs is compatible with existing development; c. Preserving the City of Pomona's cultural, historical, and architectural heritage; and d. Implementing and promoting the goals and policies of the General Plan.
2. Effect of Conforming
An ADU or JADU that conforms to the standards in this section must not be:
a. Deemed to be inconsistent with the General Plan and zoning designation for the lot on which the ADU or JADU is located.
b. Deemed to exceed the allowable density for the lot on which the ADU or JADU is located. c. Considered in the application of any local ordinance, policy, or program to limit residential growth.
d. Required to correct a nonconforming zoning condition, as defined in Sec. 830.A.3. (Definitions), below. This does not prevent the City from enforcing compliance with applicable building standards in accordance with the California Health and Safety Code (Sec. 17980.12.).
3. Definitions
The following definitions apply to Sec. 830.A. (Accessory Dwelling Units):
Accessory Dwelling Unit. An attached or a detached residential dwelling unit that provides complete independent living facilities (permanent provisions for living, sleeping, eating, cooking, and sanitation) 8-42 Zoning & Development Code | Pomona, California DRAFT May 16, 2024 Part 8 | Historic Preservation, Specific Plans, & Overlay Districts Accessory Dwelling Units for one or more persons and is located on a lot with a proposed or existing primary residence. An ADU also includes the following:
• An efficiency unit, as defined the California Health and Safety Code (Sec. 17958.1); and • A manufactured home, as defined the California Health and Safety Code (Sec. 18007).
Accessory Dwelling Unit, Attached. An ADU that is newly constructed and attached to the Primary Dwelling Unit. An Attached ADU may be located, in part, within the existing floor area of the Primary Dwelling Unit.
Accessory Dwelling Unit, Detached. An ADU that is newly constructed and not attached to the Primary Dwelling Unit or multi-unit dwelling. A Detached ADU may be attached to an Accessory Structure (e.g. garage).
Accessory Dwelling Unit, Interior. An ADU that is located entirely within the existing space of a Primary Dwelling Unit, multiunit dwelling, or Accessory Structure.
Accessory Structure. A structure that is accessory to and incidental to that of the Primary Dwelling Unit and that is located on the same lot.
Crawl Space. An underfloor space that is not a basement as defined in the 2019 California Residential Code. Any crawl space taller than 36 inches shall be included in the calculation of the total floor area for an ADU.
Efficiency Kitchen. A kitchen that includes all of the following:
• A cooking facility with appliances.
• A food preparation counter and storage cabinets that are of reasonable size in relation to the size of the JADU.
Junior Accessory Dwelling Unit. A residential unit that satisfies all of the following:
• It is no more than 500 square feet in size.
• It is contained entirely within an existing or proposed single-family structure. An enclosed use within the residence, such as an attached garage, is considered to be a part of and contained within the single-family structure.
• It includes its own separate sanitation facilities or shares sanitation facilities with the existing or proposed single-family structure.
• If the unit does not include its own separate bathroom, then it contains an interior entrance to the main living area of the existing or proposed single-family structure in addition to an exterior entrance that is separate from the main entrance to the primary dwelling. • It includes an efficiency kitchen.
Multifamily Dwelling. Any structure with two or more attached primary dwelling units (e.g., apartments, attached townhomes, row houses).
Nonconforming Zoning Condition. A physical improvement on a property that does not conform with current zoning standards.
DRAFT May 16, 2024 Pomona, California | Zoning & Development Code 8-43 Accessory Dwelling Units Part 8 | Historic Preservation, Specific Plans, & Overlay Districts Passageway. A pathway that is unobstructed clear to the sky and extends from a street to one entrance of the ADU as defined in the California Government Code (Sec. 65852.2).
Primary Dwelling Unit. Any legally established, single-unit dwelling, existing or proposed, located on the same lot as an ADU or JADU.
Proposed Dwelling. A dwelling that is the subject of a permit application and that meets the requirements for permitting.
Public Transportation. A location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public.
Tandem Parking. Two or more automobiles parked on a driveway or in any other location on a lot, lined up behind one another as defined in the California Government Code (Sec. 65852.2).
4. Ministerial Approvals
The following approvals apply to ADUs and JADUs under this section. a. Type 1 – Building Permit Only
If an ADU or JADU complies with each of the general requirements in Sec. 830.A.5. (General ADU and JADU Requirements), below, it is allowed with only a building permit in the following scenarios:
1. Interior ADU on a Single-Unit Lot
One Interior ADU and one JADU on a lot with a proposed or existing single-unit dwelling on it, where the ADU or JADU:
i. Is either within the space of a proposed Primary Dwelling Unit; ii. Within the existing space of a Primary Dwelling Unit; or iii. In the case of an ADU only, within the existing space of an Accessory Structure, plus up to 150 additional square feet if the expansion is limited to accommodating ingress and egress.
a) An existing, Accessory Structure of any size may be converted to an Interior ADU. b) Any proposed expansions greater than the 150 additional square feet limited to accommodating ingress and egress are not permitted.
iv. Has exterior access that is independent of that for the Primary Dwelling Unit. v. Has side and rear setbacks sufficient for fire and safety, as dictated by applicable building and fire codes.
vi. In the case of a JADU, it shall comply with the requirements of the California Government Code (Sec. 65852.22.).
2. Limited Detached ADU on Single-Unit Lot
One detached, new construction ADU on a lot with a proposed or existing Primary Dwelling Unit (in addition to any JADU that might otherwise be established on the lot under Sec. 8-44 Zoning & Development Code | Pomona, California DRAFT May 16, 2024 Part 8 | Historic Preservation, Specific Plans, & Overlay Districts Accessory Dwelling Units 830.A.4.a.1. (Interior ADU on Single-unit Lot), above, if the Detached ADU satisfies the following limitations:
i. The side- and rear-yard setbacks are at least 4 feet. ii. The total floor area is 800 square feet or smaller. iii. The peak height above grade does not exceed the applicable height limit in Sec. 830.A.5.b. (Height), below.
3. Interior ADU on Multi-unit Lot
One or more ADUs within portions of existing multi-unit dwelling structures that are not used as livable space, including but not limited to storage rooms, boiler rooms, passageways, attics, basements, or garages, if each Interior ADU complies with State building standards for dwellings. At least one Interior ADU is allowed within an existing multi-unit dwelling, up to a quantity equal to 25 percent of the existing multi-unit dwelling units.
4. Limited Detached ADU on Multi-unit Lot
No more than two Detached ADUs on a lot that has an existing or proposed multi-unit dwelling if each Detached ADU satisfies the following limitations:
i. The side- and rear-yard setbacks are at least 4 feet. If the existing multifamily dwelling has a rear or side yard setback of less than 4 feet, the City will not require any modification to the multifamily dwelling as a condition of approving the ADU. ii. The peak height above grade does not exceed the applicable height limit in Sec. 830.A.5.b. (Height).
b. Type 2 - Building Permit Only
Except as allowed under Sec. 830.A.4.a. (Type 1 – Building Permit Only), above, no ADU may be created without a building permit in compliance with the standards set forth in Sec. 830.A.5. (General ADU and JADU Requirements) and Sec. 830.A.6. (Specific ADU Requirements), below. c. Process and Timing
1. An application to create an ADU or JADU under this section will be considered and approved ministerially, without discretionary review or a hearing.
2. The City must approve or deny an application to create an ADU or JADU within 60 days from the date that the City receives a completed application. If the City does not approve or deny the completed application within 60 days, the application is deemed approved unless either:
i. The applicant requests a delay, in which case the 60-day time period is tolled for the period of the requested delay, or
ii. When the application to create an ADU or JADU is submitted with a permit application to create a new single-family or multi-family dwelling on the lot, the City may delay acting on the permit application for the ADU or JADU until the City approves or denies the permit application to create the new single-family or multi-family dwelling, but the application to create the ADU or JADU will still be considered ministerially without discretionary review or a hearing.
DRAFT May 16, 2024 Pomona, California | Zoning & Development Code 8-45 Accessory Dwelling Units Part 8 | Historic Preservation, Specific Plans, & Overlay Districts
3. If the City denies an application for an ADU or JADU, the City must provide the applicant with a full set of written comments that include, among other things, a list of all the defective or deficient items and a description of how the application may be remedied by the applicant.
Notice of the denial and corresponding comments must be provided to the applicant within the 60-day time period established by Sec. 830.A.4.c. (Processing and Timing).
4. Demolition of Detached Garages
In instances where a detached garage is to be demolished and replaced by an ADU, the application for the demolition of the garage shall be reviewed with the application for the ADU and the permit for the garage demolition and ADU shall be issued at the same time.
5. General ADU and JADU Requirements
The following requirements apply to all ADUs and JADUs that are approved under Sec. 830.A.4.a. (Type 1 – Building Permit Only) or Sec. 830.A.4.b. (Type 2 – Building Permit Only):
a. Zoning
1. An ADU or JADU subject only to a building permit under Sec. 830.A.4.a. (Type 1 – Building Permit Only), may be created on a lot in a residential or mixed-use zone.
2. An ADU or JADU subject to a building permit under Sec. 830.A.4.b. (Type 2 – Building Permit Only), may be created on a lot that is zoned to allow single unit dwelling residential use or multi-unit dwelling residential use.
b. Height
1. Except as otherwise provided by Sec. 830.A.5.b.2. and Sec. 830.A.5.b.3., below, a detached ADU created on a lot with an existing or proposed single family or multifamily dwelling unit may not exceed 16 feet in height.
2. A detached ADU may be up to 18 feet in height if it is created on a lot with an existing or proposed single family or multifamily dwelling unit that is located within one-half mile walking distance of a major transit stop or a high quality transit corridor, as those terms are defined in the California Public Resources Code (Section 21155), and the ADU may be up to two additional feet in height (for a maximum of 20 feet) if necessary to accommodate a roof pitch on the ADU that is aligned with the roof pitch of the primary dwelling unit.
3. A detached ADU created on a lot with an existing or proposed multifamily dwelling that has more than one story above grade may not exceed 18 feet in height.
4. An ADU that is attached to the primary dwelling may not exceed 25 feet in height or the height limitation imposed by the underlying zone that applies to the primary dwelling, whichever is lower. Notwithstanding the foregoing, ADUs must not exceed two stories.
5. For purposes of this Sec. 830.A.5.b., height is the vertical distance measured from the adjoining curb level to the highest point of the structure, exclusive of chimneys and ventilators.
8-46 Zoning & Development Code | Pomona, California DRAFT May 16, 2024 Part 8 | Historic Preservation, Specific Plans, & Overlay Districts Accessory Dwelling Units c. Fire Sprinklers
1. Fire sprinklers are only required in an ADU if sprinklers are required in the primary residence.
For purposes of this paragraph, in the case of multi-unit structures, the entire residential structure shall be considered the primary residence.
2. The construction of an ADU shall not trigger a requirement for fire sprinklers to be installed in the existing primary dwelling or existing multi-unit dwelling. d. Rental Term
No ADU or JADU may be rented for a term that is shorter than 30 days. This prohibition applies regardless of when the ADU or JADU was created.
e. No Separate Conveyance
Except as otherwise provided in the California Government Code (Sec. 65852.26.), an ADU or JADU may be rented, but no ADU or JADU may be sold or otherwise conveyed separately from the lot and the primary dwelling (in the case of a single-unit lot) or from the lot and all of the dwellings (in the case of a multi-unit lot).
f. Septic System
If the ADU or JADU will connect to an on-site water-treatment system, the Owner must include with the application a percolation test completed within the last five years or, if the percolation test has been recertified, within the last 10 years.
g. Owner-Occupancy
As required by state law, all JADUs are subject to an owner-occupancy requirement. A natural person with legal or equitable title to the property must reside on the property, in either the primary dwelling or JADU, as the person’s legal domicile and permanent residence. However, the owner-occupancy requirement of this paragraph does not apply if the property is entirely owned by another governmental agency, land trust, or housing organization. h. Deed Restrictions
Prior to the issuance of a certificate of occupancy for an ADU or JADU, a deed restriction must be recorded against the title of the property in the Los Angeles County Recorder's office and a copy filed with the Director of Development Services. The deed restriction must run with the land and bind all future owners.
1. A deed restriction or similar instrument that runs with the land, shall be recorded against the property and shall include the following:
i. Except as otherwise provided in the California Government Code (Sec. 65852.26.), the ADU or JADU may not be sold separately from the primary dwelling. ii. The ADU or JADU is restricted to the approved size and to other attributes allowed by this section.
iii. The deed restriction runs with the land and may be enforced against future property owners.
DRAFT May 16, 2024 Pomona, California | Zoning & Development Code 8-47 Accessory Dwelling Units Part 8 | Historic Preservation, Specific Plans, & Overlay Districts
2. The deed restriction may be removed if the owner eliminates the ADU or JADU, as evidenced by, for example, removal of the kitchen facilities.
3. To remove the deed restriction, an owner may make a written request of the Development Services Director, providing evidence that the ADU or JADU has in fact been eliminated.
4. The Director of Development Services may then determine whether the evidence supports the claim that the ADU or JADU has been eliminated.
5. Appeal may be taken from the Director of Development Service’s determination consistent with Sec. 1180.G. (Director Determination). If the ADU or JADU is not entirely physically removed, but is only eliminated by virtue of having a necessary component of an ADU or JADU removed, the remaining structure and improvements must otherwise comply with applicable provisions of this Code.
6. The deed restriction is enforceable by the Development Services Director or their designee for the benefit of the City. Failure of the property owner to comply with the deed restriction may result in legal action against the property owner, and the City is authorized to obtain any remedy available to it at law or equity, including, but not limited to, obtaining an injunction enjoining the use of the ADU or JADU in violation of the recorded restrictions or abatement of the illegal unit.
i. Building and Safety
1. Must Comply with the Building Code
Subject to Sec. 830.A.5.i.2. (No Change of Occupancy), below, all ADUs and JADUs must comply with all local building code requirements.
2. No Change of Occupancy
Construction of an ADU does not constitute a Group R occupancy change under the local building code, as described in the California Building Code (Sec. 310), unless the building official or Code Enforcement Division officer makes a written finding based on substantial evidence in the record that the construction of the ADU could have a specific, adverse impact on public health and safety. Nothing in Sec. 830.A.5.i.2. (No Change of Occupancy) prevents the City from changing the occupancy code of a space that was uninhabitable space or that was only permitted for nonresidential use and was subsequently converted for residential use in accordance with this section.
6. Specific ADU Requirements
The following requirements apply only to ADUs that require a building permit under Sec. 830.A.4.b. (Type 2 – Building Permit Only), above.
a. Primary Dwelling Unit requirement
1. There shall be a Primary Dwelling Unit located on the same lot as an ADU.
2. Where a Primary Dwelling Unit does not exist on a lot but is proposed, an ADU may be constructed concurrently with the construction of the Primary Dwelling Unit. 8-48 Zoning & Development Code | Pomona, California DRAFT May 16, 2024 Part 8 | Historic Preservation, Specific Plans, & Overlay Districts Accessory Dwelling Units b. Unit Size
1. Lots less than 7,200 Square Feet in Area
The maximum size of a detached or attached ADU may not exceed 850 square feet for a studio or one bedroom unit or 1,000 square feet for a unit with two or more bedrooms.
2. Lots 7,200 Square Feet in Area or Greater
The maximum size of a detached or attached ADU may not exceed 1,200 square feet.
3. Relationship to Other Development Standards
Application of other development standards in Sec. 830.A.6. (Specific ADU Requirements), such as lot coverage, might further limit the size of the ADU, but no application of front yard, lot coverage, or open-space requirements may require the ADU to be less than 800 square feet.
c. Coverage
The maximum coverage of the lot by all structures shall not exceed the percentage established by the underlying zoning district.
d. Yards
1. Front Yard
The minimum front yard for an ADU must be established by the underlying zoning district, subject to Sec. 830.A.6.b.3. (Relationship to Other Development Standards), above.
2. Side Yard
The minimum side yard for an ADU must be established by the underlying zoning district or 4 feet, whichever is less.
3. Rear Yard
The minimum rear yard for an ADU must be established by the underlying zoning district or 4 feet, whichever is less.
4. No yard must be required for:
i. An existing living area.
ii. An existing accessory structure.
iii. A structure constructed in the same location and to the same dimensions as an existing structure that is converted to an ADU or to a portion of an ADU. e. Landscaping
The minimum landscaping required must be established by the underlying zoning district. f. Parking
1. No parking is required for any ADU.
DRAFT May 16, 2024 Pomona, California | Zoning & Development Code 8-49 Accessory Dwelling Units Part 8 | Historic Preservation, Specific Plans, & Overlay Districts
2. If provided, parking spaces shall be located on an approved surface only.
3. If provided, parking spaces shall have a minimum dimension of 9 feet by 18 feet.
4. Tandem Parking
i. If provided, tandem parking spaces shall have a minimum dimension of 9 feet by 33 feet. ii. If provided, parking may be provided in yard areas or as Tandem Parking as defined in Sec. 830.A.3. (Definitions).
5. When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an accessory dwelling unit or, converted to an accessory dwelling unit, those off-street parking spaces are not required to be replaced. g. Architecture
The materials and colors of the exterior, including but not limited to walls, roof, window trim, doors, foundation, exposed rafters, knee braces, and decorative tile, must match the appearance and architectural design of those of the primary dwelling. h. Manufactured or Prefabricated Structures
Nothing in this section prohibits the installation of manufactured or prefabricated structures that comply with Sec. 830.A.6.g. (Architecture), above.
i. Exterior access
All ADUs must provide independent access to the exterior of the unit. j. Passageways
No Passageway is required in conjunction with the construction of an ADU. k. Certificate of Occupancy
1. In no case shall an ADU be issued a certificate of occupancy prior to the issuance of a certificate of occupancy for the Primary Dwelling Unit.
2. A certificate of occupancy may be issued concurrently for both the Primary Dwelling Unit and the ADU.
7. Fees
a. Impact Fees
1. No impact fee is required for an ADU that is less than or equal to 749 square feet in area.
2. Any impact fee that is required for an ADU that is 750 square feet or larger in area must be charged proportionately in relation to the square footage of the primary dwelling unit. (E.g., the floor area of the primary dwelling, divided by the floor area of the ADU, times the typical fee amount charged for a new dwelling.) "Impact fee" here does not include any connection fee or capacity charge for water or sewer service.
8-50 Zoning & Development Code | Pomona, California DRAFT May 16, 2024 Part 8 | Historic Preservation, Specific Plans, & Overlay Districts Accessory Dwelling Units b. Utility Fees and Connections
1. If an ADU is constructed with a new single-family home, a separate utility connection directly between the ADU and the utility and payment of the normal connection fee and capacity charge for a new dwelling are required.
2. With exception to Sec. 830.A.7.b.1., above, converted ADUs on a single-family lot that are created under Sec. 830.A.4.a.1. (Interior ADU on Single-unit Lot) are not required to have a new or separate utility connection directly between the ADU and the utility. Nor is a connection fee or capacity charge required.
3. With exception to Sec. 830.A.7.b.1., all ADUs that are not covered by Sec. 830.A.7.b.2. require a new, separate utility connection directly between the ADU and the utility. i. The connection is subject to a connection fee or capacity charge that is proportionate to the burden created by the ADU based on either the floor area or the number of drainagefixture units values, as defined by the Uniform Plumbing Code, upon the water or sewer system.
ii. The portion of the fee or charge that is charged by the City may not exceed the reasonable cost of providing this service.
8. Nonconforming Code Conditions, Violations, and Permitted Structures a. General
The City will not deny an ADU or JADU application due to a nonconforming zoning condition, building code violation, or unpermitted structure on the lot that does not present a threat to the public health and safety and that is not affected by the construction of the ADU or JADU. b. Unpermitted ADUs constructed before 2018
1. Permit to Legalize
As required by state law, the City may not deny a permit to legalize an existing but unpermitted ADU that was constructed before January 1, 2018, if denial is based on either of the following grounds:
i. The ADU violates applicable building standards; or
ii. The ADU does not comply with the California Government Code (Sec. 65852.2.) or Sec. 830.A. (Accessory Dwelling Units).
2. Exceptions
i. Notwithstanding Sec. 830.A.8.b.1. (Permit to Legalize), above, the City may deny a permit to legalize an existing but unpermitted ADU that was constructed before January 1, 2018, if the City makes a finding that correcting a violation is necessary to protect the health and safety of the public or of occupants of the structure. ii. Sec. 830.A.8.b.1. (Permit to Legalize), above, does not apply to a building that is deemed to be substandard in accordance with the California Health and Safety Code (Sec. 17920.3.).
DRAFT May 16, 2024 Pomona, California | Zoning & Development Code 8-51 Accessory Dwelling Units Part 8 | Historic Preservation, Specific Plans, & Overlay Districts
9. Discretionary Review
The following provisions only apply to ADUs that do not qualify for ministerial approval under Sec. 830.A.1. (Purpose and Intent) through Sec. 830.A.8. (Nonconforming Code Conditions, Violations, and Permitted Structures), above:
a. Major Certificate of Appropriateness
A Major Certificate of Appropriateness must be required for an ADU that is located on real property that is listed in the California Register of Historical Resources or real property designated as a local historic landmark or within a designated historic district in the following instances in Sec. 830.A.9.a.1. (Type 1 - Building Permit Only) through Sec. 830.A.9.a.2. (Type 2 - Building Permit Only), below. Review under the Major Certificate of Appropriateness must be limited to architecture only.
1. Type 1 - Building Permit Only
i. The construction of a new Interior ADU on single-unit lot whose architectural design would have adverse impacts on any real property that is listed in the California Register of Historical
ii. Resources or real property designated as a local historic landmark or within a designated historic district.
iii. The construction of any new Limited Detached ADU on single-unit lot. iv. The construction of any new Interior ADU on multi-unit lot whose architectural design would have adverse impacts on any real property that is listed in the California Register of Historical Resources.
v. The construction of any new Limited Detached ADU on Multi-unit Lot.
2. Type 2 - Building Permit Only
i. The construction of any new Interior ADU with an expansion of any size. ii. The construction of any new Attached ADU.
iii. The construction of any new Detached ADU.
8-52 Zoning & Development Code | Pomona, California DRAFT May 16, 2024 Part 8 | Historic Preservation, Specific Plans, & Overlay Districts SB 330 Overlay District 830.B. SB 330 Overlay District
1. Purpose and Intent
a. On October 9, 2019, Senate Bill 330 (SB 330) also known as the Housing Crisis Act of 2019, was signed into law and later amended under SB 8 on September 16, 2021. Among the provisions adopted under SB 330, as amended, the California Government Code (Sec. 65589.5(j)(4)) allows Housing Development Projects to be developed on properties that are consistent with the objective general plan standards and criteria but the zoning for the project site is inconsistent with the general plan, while prohibiting the City from requiring a change of zone in these circumstances.
b. The purpose of this section is to establish a mechanism to regulate the development of Housing Development Projects in areas where the adopted, objective General Plan development standards have not yet been implemented through either a change of zone, adoption of a specific plan, or specific plan amendment.
2. Applicability
Any new construction proposed to establish a Housing Development Project on any property located in the SB 330 Overlay District shall be subject to the provisions of this section and shall be required to obtain approval of a Development Plan according to the procedures established under Sec. 1170.F. (Development Plan).
3. Uses
a. The SB 330 Overlay District supersedes all use permissions of the underlying zone for single family dwellings and multiple family dwellings uses only. All other use permissions and prohibitions shall defer to the underlying zone district. b. Single family dwellings shall be considered a permitted primary use. c. Multiple family dwellings shall be considered a permitted primary use.
4. Development Standards
Property in the SB 330 Overlay District shall be subject to the following development standards, to the extent those development standards are applicable:
a. Persuant to the California Government Code (Sec. 65589.5(j)(4)), a housing development project shall comply with the objective standards and criteria of the Zoning and Development Code 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. b. The SB 330 Overlay District's development standards supersede all existing development standards established by the underlying zoning district for residential uses that meet the definition of a Housing Development Project. In instances where there are no existing development standards for residential uses, the SB 330 Overlay District development standards shall apply.
DRAFT May 16, 2024 Pomona, California | Zoning & Development Code 8-53 SB 330 Overlay District Part 8 | Historic Preservation, Specific Plans, & Overlay Districts c. Maximum number of floors and density standards established in the base Transect Zone designation established in the General Plan, shall supersede the maximum number of floors and density standards established in the underlying districts. 8-54 Zoning & Development Code | Pomona, California DRAFT May 16, 2024 Part 8 | Historic Preservation, Specific Plans, & Overlay Districts AB 2097 Overlay District 830.C. AB 2097 Overlay District
1. Purpose and Intent
a. On September 22, 2022, Assembly Bill 2097 (AB 2097) was signed into law. The provisions adopted under AB 2097 amended the California Government Code (Sec. 65585. and 65863.2.) to prohibit the City from imposing any minimum automobile parking requirement on any residential, commercial, or other development project located within one-half mile of public transit.
b. The purpose of this section is to establish a mechanism to regulate parking minimum reduction in areas where AB 2097 is applicable.
2. Applicability
Any project activity required to provide on-site parking pursuant to Sec. 610.C.3.a. (Required Parking) on any property located within one-half mile of public transit as defined in the California Public Resources Code (Sec. 21155.).
3. Procedures
See Sec. 11XX (Review and Approval Procedures).
DRAFT May 16, 2024 Pomona, California | Zoning & Development Code 8-55 AB 2097 Overlay District Part 8 | Historic Preservation, Specific Plans, & Overlay Districts 8-56 Zoning & Development Code | Pomona, California DRAFT May 16, 2024 DRAFT May 16, 2024 Pomona, California | Zoning & Development Code 9-1 Part 9.
STREETS
Sec. 830. Special Provisions 8-41
Subpart 9A. Streets Introduction 9-3
Sec. 900. General Provisions 9-4
Subpart 9B. Street Types 9-5
Sec. 900. Street Type 9-6
Subpart 9C. Street Rules 9-7
9-2 Zoning & Development Code | Pomona, California DRAFT May 16, 2024 DRAFT May 16, 2024 Pomona, California | Zoning & Development Code 9-3 Subpart 9A.
STREETS INTRODUCTION
Sec. 900. General Provisions 9-4
900.A. Streets Intent 9-4
900.B. Streets Applicability 9-4
900.C. Project Activities 9-4
900.D. Nonconformity 9-4
9-4 Zoning & Development Code | Pomona, California DRAFT May 16, 2024 Sec. 900. General Provisions
900.A. Streets Intent
[Reserved]
900.B. Streets Applicability
[Reserved]
900.C. Project Activities
[Reserved]
900.D. Nonconformity
[Reserved]
DRAFT May 16, 2024 Pomona, California | Zoning & Development Code 9-5 Subpart 9B.
STREET TYPES
Sec. 900. Street Type 9-6
9-6 Zoning & Development Code | Pomona, California DRAFT May 16, 2024 Sec. 900. Street Type
[Reserved]
DRAFT May 16, 2024 Pomona, California | Zoning & Development Code 9-7 Subpart 9C.
STREET RULES
Sec. 910. Street Types 9-8
9-8 Zoning & Development Code | Pomona, California DRAFT May 16, 2024 Sec. 910. Street Types
[Reserved]
DRAFT May 16, 2024 Pomona, California | Zoning & Development Code 9-9 9-10 Zoning & Development Code | Pomona, California DRAFT May 16, 2024 DRAFT May 16, 2024 Pomona, California | Zoning & Development Code 10-1 Part 10.
DIVISION OF LAND
Sec. 1000. General Provisions 10-2
1000.A. Intent 10-2
1000.B. Applicability 10-2
Sec. 1010. Subdivision Design Standards 10-4
1010.A. Conformance with the General Plan 10-4
1010.B. Streets, Alleys, Blocks, and Pedestrian Walks 10-4 1010.C. Lots 10-7
1010.D. Easements 10-7
1010.E. Grading and Erosion/Sediment Control Plans 10-8 1010.F. Utilities 10-8
Sec. 1020. Subdivision Map Standards 10-10
1020.A. Tentative Map 10-10
1020.B. Map Review 10-12
1020.C. Map Filing 10-14
1020.D. Subdivision Improvements 10-14
1020.E. Reversion to Acreage 10-15
1020.F. Lot Mergers and Re-Subdivision 10-16
1020.G. Modification of Recorded Final Map 10-16
10-2 Zoning & Development Code | Pomona, California DRAFT May 16, 2024 Part 10 | Division of Land Intent
Sec. 1000. General Provisions
1000.A. Intent
1. Part 12 (Division of Land) regulates the division of land within the City of Pomona pursuant to the Subdivision Map Act to provide for:
a. The design, subdivision improvement and survey data of subdivisions; b. The form and content of parcel and tract maps; and
c. The dedication of land, the payment of fees in lieu of dedication of land, or a combination of both, for the acquisition and development of park and recreation sites, streets, and other public rights-of-way and facilities to serve a subdivision.
2. Part 12 (Division of Land) supplements the Subdivision Map Act to ensure:
a. That subdivided lots are appropriately sized and compatible with other lots in the immediate neighborhood;
b. Compliance with the design standards for streets and alleys in Part 9 (Streets) where street or alley dedication or subdivision improvements are required; c. Proper opening or extension of streets necessary for emergency vehicle access, multi-modal circulation, and future development of adjacent properties; and d. That subdivided lots in hillside areas are safely graded. 1000.B. Applicability
Applies to all subdivision of land, condominiums, community apartments, and stock cooperatives.
1. Parcel Map (Minor Subdivision)
a. A parcel map is required for all subdivisions creating 4 or less parcels except if a parcel map waiver request is approved by the Planning Commission upon an affirmative finding that the proposed division of land meets all City requirements related to:
1. Area;
2. Improvements and design;
3. Flood water drainage control;
4. Appropriate improved public roads;
5. Sanitary disposal facilities;
6. Water supply availability;
7. Environmental protection; and
8. All other requirements of the Subdivision Map Act and any applicable City Code provisions.
DRAFT May 16, 2024 Pomona, California | Zoning & Development Code 10-3 Applicability Part 10 | Division of Land
b. An applicant may apply for a parcel map waiver request at the discretion of the Director of Development Services.
c. Land must not be separated in ownership or otherwise divided into 2, 3, or 4 parcels or condominiums, and must not be separately maintained unless the division conforms to what is shown on a parcel map approved by the City Council and recorded by the Los Angeles County Registrar-Recorder/County Clerk.
2. Tract Map (Major Subdivision)
A tract map is required for all subdivisions creating 5 or more parcels, 5 or more condominiums as defined in the California Civil Code (Sec. 783), or a community apartment project containing 5 or more parcels, except where:
a. The land before division contains less than 5 acres, each parcel created by the division abuts upon a maintained public street or highway and no dedications or improvements are required by the City Council;
b. Each parcel created by the division has a gross area of 20 acres or more and has an approved access to a maintained public street or highway;
c. The land consists of a parcel or parcels having approved accesses to a public street or highway which comprises part of a tract of land zoned for industrial or commercial development, and which has the approval of the Planning Commission as to street alignments and widths; d. Each parcel created by the division has a gross area of at least 40 acres or is not less than a quarter of a quarter section; or
e. Each parcel created by the division will be part of an environmental subdivision. 10-4 Zoning & Development Code | Pomona, California DRAFT May 16, 2024 Part 10 | Division of Land Conformance with the General Plan Sec. 1010. Subdivision Design Standards
1010.A. Conformance with the General Plan
1. Each parcel map or tract map must be designed in compliance with the zoning applicable to the property or approved by Planning Commission and City Council for change.
2. Each parcel map or tract map must also conform to all other elements of the General Plan, including park and recreation sites to serve the future inhabitants of each new subdivision.
3. A report as to General Plan conformity, pursuant to the Subdivision Map Act (Sec. 65402) may be required as part of an action taken by the Planning Commission for a subdivision. This report is not required for a proposed subdivision involving:
a. The disposition of the remainder of a larger parcel which was acquired and used in part for street purposes;
b. Acquisitions, dispositions or abandonments for street widening; or c. Alignment projects, provided the Planning Commission expressly finds that any such disposition for street purposes, acquisitions, dispositions or abandonments for street widening, or alignment projects is of a minor nature.
4. If applicable, only the area being designated for residential use and land being dedicated for public uses need to be considered for density calculations. Exceptions include land set aside for streets or park and recreation purposes in accordance with Part X (Streets). 1010.B. Streets, Alleys, Blocks, and Pedestrian Walks
1. Public Rights-of-Way and Roadway Widths
All streets and alleys must be designed to conform with the standards and exceptions defined in Part X (Streets).
2. Street Grades
a. All street grades must:
1. Be as flat as consistent with adequate surface drainage requirements and conform to the standards defined in the Public Works Department's Standard Drawings (Sec. XX.).
2. Have a grade no steeper than 5 percent unless, because of topographical or other exceptional conditions, the City Engineer determines that a steeper grade is necessary. b. Variations from these requirements may be granted by the Planning Commission upon recommendation by the Administrator.
3. Streets Dedications
a. Where subdivision street and alley locations have been approved and reserved for future public use, they must be indicated on the final tract map or parcel map and offered for future DRAFT May 16, 2024 Pomona, California | Zoning & Development Code 10-5 Streets, Alleys, Blocks, and Pedestrian Walks Part 10 | Division of Land dedication. Certificates providing that the City may accept the offer to dedicate the easement at any time must be shown on the final tract map or parcel map. b. Except to give drainage outlet, or where the City Engineer deems strict enforcement to be impracticable, part-width streets must not be accepted by the City Council for dedication. c. Any land intended to be a part of a full-width street, adjacent to the boundary of any lot or subdivision, must include at least half of the full width required for the full-width street. d. A boundary line street may be accepted by the City Council for dedication, provided that the side line of the street, adjacent to any other property, is separated from the other property by a reserved strip that is at least one foot wide.
4. Streets Extensions
Where the tentative map of a proposed subdivision shows any street or boundary line extending from an existing street, that street or boundary line must be imposed to the same width and specifications as the existing street being extended.
5. Street Intersections
a. Street intersections must be as near to a right angle as possible, avoid more than four approaches, and conform to the standards defined in Part X (Streets) and the Public Works Department's Standard Drawings (Sec. XX.).
b. Where two streets intersect, a street nameplate sign adequately mounted with the street name must be added on the diagonally opposite sides of the intersection so that there will be a minimum of two street nameplate signs. At a "T" intersection, there must be one street nameplate sign. Signs and their installation must be in accordance with the Public Works Department's Standard Drawings (Sec. XX.).
6. Cul-de-Sac Streets
a. Cul-de-sac streets and dead-end streets are not permitted, except where conditionally approved by the Planning Commission where physical constraints prohibit the continuation of the street. b. Where cul-de-sac streets are conditionally approved, they must terminate with a turning area in conformance with the Public Works Department's Standard Drawings (Sec. XX.) and LA County Fire Department standards, and include passageways for bicycles and pedestrians to access the surrounding area. Where feasible, existing cul-de-sacs should be modified to connect to new streets.
7. Reserved Strips
Reserved strips are not allowed, except when conditionally approved by the Planning Commission for the protection of the public health and safety, and when the control and disposal of the land comprising such strips are placed entirely within the City's jurisdiction under conditions approved by the Planning Commission.
8. Street Paving and Improvements
a. All streets must be graded and paved to the lines and grades approved by the City Engineer and in accordance with the standards and specifications approved by the City Engineer. 10-6 Zoning & Development Code | Pomona, California DRAFT May 16, 2024 Part 10 | Division of Land Streets, Alleys, Blocks, and Pedestrian Walks b. All streets within or immediately adjacent to the subdivision must be improved with curbs and gutters, in accordance with the specifications approved by the City Engineer, except where conditionally approved by the Planning Commission upon the recommendation of the City Engineer.
c. All streets within or immediately adjacent to the subdivision must be improved with sidewalks, except where conditionally approved by the Planning Commission for streets located in hillside areas where sidewalks may be omitted or only provided on one side of the street.
9. Alleys
a. All new or improved alley must be at least 20 feet wide, unless specified otherwise in Part 9 (Streets).
b. All existing alleys adjoining and serving the subdivision must be improved over the entire length within the block limits.
c. All dead-end alleys must be constructed or modified to include adequate turning areas. d. All "T" alley intersections must be rounded or cut off. e. Alleys are required at the rear or side of all new lots within Residential Use Modules, except where conditionally approved by the Planning Commission where physical constraints prohibit them. Alleys may also be required at the rear or side of new lots in Commercial or Industrial Use Modules.
f. Residential waste collectors are not be required to collect from an unpaved alley at the rear of a property or from:
1. An existing alley narrower than 15 feet wide;
2. An existing alley the surface of which could endanger the safety of the truck personnel.
10. Blocks
a. New blocks must be designed in accordance with the standards listed within Part X., Streets. b. Where a parcel is first subdivided into acre tracts, blocks must be sized and shaped to provide for:
1. The extension and opening of major and secondary highways; and
2. The extension and opening of main streets and alleys at intervals that permit a subsequent division of any parcel into lots that meet the requirements of the applied Form Module (Subpart 3B).
c. All block corners must be rounded or cut off.
d. Blocks must not exceed 550 feet long between street lines, except where topographical conditions or previous surrounding layout require longer blocks, or acre subdivisions justify or require a variation from this requirement.
e. The width of each block must be sufficient for an ultimate layout of two lot tiers, unless the surrounding layout, lines of ownership or topographical conditions justify or make necessary a variation from this requirement.
DRAFT May 16, 2024 Pomona, California | Zoning & Development Code 10-7 Easements Part 10 | Division of Land
11. Pedestrian Walks
a. Inner-block pedestrian walks must be included as defined in Sec. 710.B., Pedestrian Access. b. Pedestrian walk dedications must be at least 12 feet wide, except where conditionally approved by the Planning Commission where physical constraints prohibit them. No pedestrian walk dedication may be narrower than 6 feet wide.
1010.C. Lots
1. Every new lot must meet the definition of Sec. 1200.C. (Lot).
2. Every new lot's minimum width and area must comply with the requirements specified in the applied Form Module (Subpart 3B).
3. All lots must front a public or private street or publicly accessible pedestrian walk.
4. The Planning Commission may conditionally approve lot averaging if the subdivider demonstrates that such averaging is consistent with proper subdivision design, and will produce one or more of the following benefits:
a. Require less grading than a conventional subdivision design not using lot averaging; b. Result in improved lot design; or
c. Produce better environmental benefits.
5. In a tract where one or more lots have less than the average requirement for the applicable Form Module, no lot may be rearranged or divided unless the average requirement for the original final tract map or parcel map is maintained.
6. No lot must be cut by the boundary of an incorporated city, Torrens Title boundary or mortgage or deed of trust description boundary line.
7. Side lot lines must be approximately at right angles to the streets, or radial to the street on curved streets, except where physical constraints prohibit this. 1010.D. Easements
1. Design
a. Easements for public utilities, water system, sewers, street lights, storm drains or flood control channels, and slope rights, must be provided where deemed necessary by the Planning Commission upon recommendation by the City Engineer.
b. At their discretion for the safety of adjoining property, the City Engineer may demand that an existing easement for drainage or flood control must be improved in a manner approved by the City Engineer.
2. Mapping and Labeling
a. If future easements are necessary, a certificate must be placed on the final tract map or parcel map indicating that the City will accept such easements at any time. 10-8 Zoning & Development Code | Pomona, California DRAFT May 16, 2024 Part 10 | Division of Land Grading and Erosion/Sediment Control Plans b. If any recorded easement cannot be definitely located, a statement of the existence, its nature and recorded references must appear on the title sheet. c. Distances and bearings on the side lines of lots which are cut by an easement must be mapped clearly to indicate actual lot line lengths, easement widths, and sufficient ties to locate them within the subdivision.
d. All easements must be clearly labeled and identified. If an easement shown on the map is already of record, its recorded references must be given. If an easement is being dedicated by the map, it must be set out in the owner's certificate of dedication. 1010.E. Grading and Erosion/Sediment Control Plans
The Planning Commission may require a proposed grading plan with the tentative parcel map or tentative tract map of any subdivision. If recommended by the City Engineer based on their concern of where cuts and fills will occur during a property's grading, the Planning Commission may require the subdivider to submit grading and erosion/sediment control plans for all or part of the tract before action on the tentative parcel map or tentative tract map will be taken. 1010.F. Utilities
1. General
a. Service mains for gas, sanitary sewer, and water must be laid and all service connections stubbed into each lot.
b. Utility lines, including but not limited to those required for electricity, communication, street lighting, and cable services necessary for the general use of the lot owners in the subdivision, must be installed or guaranteed to be installed in the same manner as other required subdivision improvements.
c. Utility lines, including but not limited to electric communications, street lighting and cable television, must be required to be placed underground. The subdivider is responsible for complying with the requirements of this section, and must make the necessary arrangements with the utility companies for the installation of such facilities. d. Appurtenance and associated equipment such as, but not limited to, surface-mounted transformers, pedestal-mounted terminal boxes and meter cabinets, and concealed ducts in an underground system may be placed aboveground. The City Council, after review and recommendation by the Planning Commission, may conditionally waive the requirements of this section if topographical, soil or any other conditions make such underground installations unreasonable or impractical. This section does not apply to utility lines which do not provide service to the area being subdivided.
2. Storm Drains
a. Storm drains must be designed based on the Public Works Department's Standard Drawings (Sec. XX.) and any other standards approved by the City Engineer. b. Storm drain facilities to intercept and convey all runoff to a suitable point of disposal are required when runoff from the entire area tributary to, and including, the subdivision exceeds the limiting depth of street flow as determined by the City Engineer.
DRAFT May 16, 2024 Pomona, California | Zoning & Development Code 10-9 Utilities Part 10 | Division of Land
3. Sewers
Sanitary sewer facilities and connections to each lot must be laid in all cases. The determination of method must be made by the City Engineer based upon the City's Master Sewer Plan and the economic practicability of extending sanitary sewer lines to certain areas to be served by the sanitary sewer system.
4. Fire Hydrants
Gate valves, extensions and risers extending 30 inches above the finished grade of the gutter must be installed for fire hydrants. The size and location must be approved by the Chief of the Fire Department.
5. Lighting
a. Poles, posts, wires, pipes, conduits, tunnels, lamps and other necessary appliances for the purposes of lighting streets, places or public ways, property or rights-of-way owned by the City must be required in all subdivisions.
b. Lighting specifications must be in accordance with the Public Works Department's Standard Drawings (Sec. XX.), and any other standards prepared by the City Engineer and approved by the City Council.
c. Lighting maintenance must be in accordance with the City of Pomona Citywide Street Lighting and Landscaping Maintenance District, pursuant to the California Streets and Highway Code (Div.
15., Part 2.)
10-10 Zoning & Development Code | Pomona, California DRAFT May 16, 2024 Part 10 | Division of Land Tentative Map
Sec. 1020. Subdivision Map Standards
1020.A. Tentative Map
1. Requirements
a. Tentative maps filed with the Planning Division of the Development Services Department must be prepared by or under the direction of a licensed surveyor and registered civil engineer. Maps must clearly show all information required by this Part (Division of Land) and must contain all the following:
1. The tract number.
2. Sufficient legal description of the property to define its boundaries.
3. Names, addresses, and other contact information of the record owner, subdivider, and person preparing the map.
4. The widths and approximate locations of all existing and proposed public easements or rights of way, or private streets or private road easements, within and adjacent to the property involved.
5. Locations, widths, and approximate grades of existing and proposed highways, streets, alleys or ways, whether public or private within and adjacent to the property involved.
6. Existing street names, and names or designations for all proposed streets and highways.
7. Approximate radii of all centerline curves for streets, highways, alleys or ways.
8. Lot layout, approximate dimensions of each lot, and number of each lot.
9. The locations of potentially dangerous areas, including:
i. Geologically hazardous areas and areas subject to inundation or flood hazard; ii. The location, width and direction of flow of all watercourses, flood control channels, and mud or debris paths where ravines or swales will exist within and adjacent to the property involved;
iii. Building setbacks from such hazards, the proposed method of providing flood, erosion, and mud or debris control; and
iv. Areas where access and emergency paths will be located in the event flood design capacity is exceeded.
10. The existing contour of the land at intervals of not more than 5 feet, and of not more than two foot intervals if the slope of the land is less than 10%.
11. The approximate location of all buildings or structures on the property involved which will be retained, notations concerning all buildings which will be removed, and approximate locations of all existing wells.
12. The proposed method of providing sewage disposal and drainage for the property.
DRAFT May 16, 2024 Pomona, California | Zoning & Development Code 10-11 Tentative Map Part 10 | Division of Land
13. A statement regarding existing and proposed zoning. b. The general form and layout of the map, including size and type of lettering, drafting, and location of acknowledgments, is determined by the City Engineer. c. If more than 3 sheets are necessary to show the entire subdivision, an index map must be included on one of the sheets. The boundary line of a subdivision must be indicated by distinctive symbols and clearly designated.
d. Where a parcel to be subdivided is separated or divided into two or more parts by any land other than streets, alleys, railroads or flood-control rights-of-way, each separate parcel or portion of a parcel must be subdivided as a separate parcel and shown on a separate map.
2. Boundary Evidence
Stakes, monuments or other evidence determining the boundaries of the subdivision as are found on the ground must be clearly and fully shown on the map.
a. Deferment
When any or all of the monuments required to be set are subsequent to the recordation of the final tract map, the map must show and describe such monuments. b. Surveys
1. Requirements
The procedure and practice of all survey work, done on any subdivision, must conform to the accepted standards of engineering and surveying professions.
2. Identification Marks
All monuments set as required by this Part (Division of Land) must be permanently and visibly marked or tagged with the registration or license number of the civil engineer or surveyor under whose supervision the survey was made.
c. Lot Numbers
The lots must be numbered consecutively, except as otherwise provided in this Part (Division of Land), with no omissions or duplications.
d. Curve Data
1. The length, radius, and total central angle and bearings must be shown on the final tract map.
2. City boundary lines crossing or abutting the subdivision must be clearly designated and tied in.
e. Easement
1. The final tract map must show all the necessary data including width and side lines of all public easements.
2. Easements being dedicated must be so indicated in the Certificate of Dedication. 10-12 Zoning & Development Code | Pomona, California DRAFT May 16, 2024 Part 10 | Division of Land Map Review
1020.B. Map Review
1. Incomplete Map
If the Administrator deems that a tentative map has been improperly prepared or that required pertinent information has not been submitted, the applicant must be promptly notified in writing by mail of the defect and of further information or correction required. The time limits specified must not begin until the omitted or inaccurate information is furnished in a proper manner.
2. Approval
When the Planning Commission determines that a tentative map complies with all the provisions of Sec. 1010 (Subdivision Design Standards), and no dedication or subdivision improvement is required, the Planning Commission will approve the tentative map.
3. Conditional Approval
The Planning Commission may conditionally approve a tentative map if the Planning Commission or City Engineer determines that additional site elements are necessary including:
a. Street or alley dedications;
b. Subdivision improvements;
c. Storm drain easements;
d. Sanitary sewer easements; and
e. Slope easements.
4. Disapproval of Maps
The Planning Commission will disapprove a tentative map when the Department of Public Works or the City Engineer has submitted a report to the Planning Commission recommending disapproval of the tentative map because of any existing or potential geologic hazards lacking satisfactory engineering solutions.
5. Lot Size Increasing
a. Where the Planning Commission finds it necessary in order to promote the general welfare, or to provide for a more consistent development for the area, it may require that lots or parcels described in a tentative map and located in a Residential Use Module be increased in size from that proposed so as to more closely conform to the size of existing contiguous lots or nearby parcels on the same street.
b. Where the Planning Commission finds that a future public easement will be needed on a portion of the lots or parcels for street or other public uses, it may require that the lots or parcels be increased in size from the proposed to provide space for such easement. Additionally, the Planning Commission may impose conditions prohibiting or restricting the erection for buildings or structures on that portion needed for the easement.
DRAFT May 16, 2024 Pomona, California | Zoning & Development Code 10-13 Map Review Part 10 | Division of Land
6. Maps with Private Road Easements
The Planning Commission may approve, conditionally approve, or disapprove a tentative map subject to the applicable provisions of this Part (Division of Land) or Part X (Streets).
7. Lots in Fire Hazard Severity Zones
The Planning Commission may disapprove a tentative map for land located in High and Very High Fire Hazard Severity Zones because of inadequate fire protection facilities and for the protection of the public health and safety.
8. Maps Involving Private Road Easements
If the Planning Commission determines that certain streets or alleys in a proposed subdivision must be dedicated for future public use, the dedications must be indicated on the tentative map and offered for dedication as future streets or future alleys prior to recording the final map.
9. Modification of Approved Tentative Parcel Maps
a. The Planning Commission may grant slight modifications to a tentative parcel map upon its own initiative or upon a request from a subdivider in accordance with Sec. 13XX.X. (Modification of Entitlement).
b. Each tentative parcel map must be identified with a number assigned by the Los Angeles County Department of Public Works and the date of filing. The number must be shown on the recorded parcel map.
10-14 Zoning & Development Code | Pomona, California DRAFT May 16, 2024 Part 10 | Division of Land Map Filing
1020.C. Map Filing
1. Requirements
a. A final parcel or tract map must be prepared and filed with the City Engineer in compliance with the provisions of this Part (Division of Land). The map must conform to the approved tentative parcel map, or the approved tentative tract map. The final map will be accepted by the Planning Commission provided that:
1. The necessary subdivision improvements and grading or retaining structure construction, as set forth in the approval of the tentative map, have been installed and approved by the City.
2. Any special assessment or bond required to be paid or guaranteed in accordance with the Subdivision Map Act (Sec. 66439.(c)) has been paid in full, or such payment has been guaranteed.
b. Where there are no dedications being made by the map, a certificate signed and acknowledged by all parties, of the real property being subdivided, consenting to the preparation and recordation of the map, is required.
1020.D. Subdivision Improvements
1. Requirements
a. Subdivision improvements must be installed by the subdivider when required as a conditional approval of the final tract map or parcel map. Subdivision improvements include:
1. Monuments;
2. Public and private streets and highways;
3. Street name signs, guardrails, street lights, street trees, traffic warning devices other than traffic signals;
4. Barricades, safety devices, fire hydrants;
5. Grading, retaining walls, water, stormwater and sewer infrastructure, erosion control structures; and
6. Other applicable provisions of this Code; or
7. Other applicable improvements identified by this Code or deemed necessary by the Planning Commission.
b. All streets and alleys and other public ways and easements within and immediately adjoining the subdivision, together with any drainage and sanitary sewer easements, must be graded and improved to a width and grade in accordance with plans approved by the City Engineer. Other subdivision improvements as authorized by the Subdivision Map Act may be required. c. In addition to permanent subdivision improvements, temporary subdivision improvements may be required to be made prior to or concurrent with permanent subdivision improvements.
DRAFT May 16, 2024 Pomona, California | Zoning & Development Code 10-15 Reversion to Acreage Part 10 | Division of Land
2. Improvement Plans
a. The plans, profiles and specifications of all improvements required by the provisions of this Section and other improvements, must be filed by the subdivider in the City Engineer's office at least 10 days prior to submitting the final subdivision map. b. Plans and profiles must show full and complete details of the proposed improvements, which must be according to the Public Works Department's Standard Drawings (Sec. XX.) and any other City standards.
c. Plans, profiles, and specifications must be approved by the City Engineer before the final map is filed with the City Council.
d. All improvements must be installed to the approval of the City Engineer.
3. Guarantees
a. No final tract map or parcel map may be presented to City Council for approval until the subdivider has completed the subdivision improvements, or has guaranteed that all subdivision improvements will be constructed and installed within a specified time. To the satisfaction of the City Engineer, any public improvements must include the following:
1. A faithful performance surety bond;
2. Labor and material bond;
3. Warranty bond; and
4. Bond release.
b. California non-profit corporations are exempt from these requirements to the extent provided in the Subdivision Map Act.
4. Time Extension
If subdivision improvements cannot be completed by the date specified in the improvement agreement, a written application may be made to the City Engineer for an extension of the completion date. One extension of time may be granted to a time when the City Engineer determines the improvement work should reasonably be completed. 1020.E. Reversion to Acreage
1. Proceedings for reversion to acreage of subdivided real property may be initiated by the City Council on its own motion or by petition of all of the owners of record of the real property within the subdivision.
2. After approval of the reversion by the City Council, the final tract map or parcel map must be delivered to the Los Angeles County Registrar-Recorder/County Clerk. The filing of the final tract map or parcel map constitutes legal reversion to acreage of the land affected and also constitutes abandonment of all streets and easements not shown on the map. 10-16 Zoning & Development Code | Pomona, California DRAFT May 16, 2024 Part 10 | Division of Land Lot Mergers and Re-Subdivision 1020.F. Lot Mergers and Re-Subdivision
1. Subject to approval by the City Council, subdivided land may be merged and re-subdivided without reverting to acreage by complying with all the applicable requirements for the subdivision of land as provided in this Part (Division of Land).
2. After approval of the merger and re-subdivision by the City Council, the map must be delivered to the Los Angeles County Registrar-Recorder/County Clerk. The filing of the map constitutes legal merger and re-subdivision of the land affected and also constitutes abandonment of all streets and easements not shown on the map.
1020.G. Modification of Recorded Final Map
No condition may be modified if it was imposed as a mitigating measure identified in a mitigated or conditional negative declaration or in an Environmental Impact Report.
DRAFT May 16, 2024 Pomona, California | Zoning & Development Code 10-17 Modification of Recorded Final Map Part 10 | Division of Land 10-18 Zoning & Development Code | Pomona, California DRAFT May 16, 2024 DRAFT May 16, 2024 Pomona, California | Zoning & Development Code 11-1 Part 11.
ADMINISTRATION
Sec. 1100. Authority 11-4
1100.A. Summary of Review Authority 11-4
1100.B. City Council 11-6
1100.C. Planning Commission 11-6
1100.D. Historic Preservation Commission 11-6
1100.E. Director of Development Services 11-7
1100.F. Zoning Administrator 11-7
Sec. 1110. Application Filing and Processing 11-9
1110.A. Purpose 11-9
1110.B. Applicability 11-9
1110.C. Applications and Fees 11-9
1110.D. Application Processing Procedures 11-11
1110.E. Environmental Review 11-18
1110.F. Time Limits and Extensions 11-19
1110.G. Applicant Failure to Complete Application Processing 11-21 1110.H. Limitations on Application Refiling 11-22
1110.I. Indemnification 11-23
Sec. 1120. Public Hearings 11-24
1120.A. Purpose 11-24
1120.B. Applicability 11-24
1120.C. Public Hearing Notices 11-24
1120.D. Request for Notification 11-26
1120.E. Failure to Receive a Public Notice 11-26
Sec. 1130. Appeals 11-27
1130.A. Purpose 11-27
1130.B. Applicability 11-27
1130.C. Appeals 11-27
Sec. 1140. Performance Guarantees 11-29
1140.A. Purpose 11-29
1140.B. Applicability 11-29
1140.C. Surety Form and Amount 11-29
1140.D. Surety for Maintenance 11-29
1140.E. Duration of Surety 11-29
1140.F. Release or Forfeiture of Surety 11-30
11-2 Zoning & Development Code | Pomona, California DRAFT May 16, 2024 Sec. 1150. Legislative Review 11-31
1150.A. Purpose 11-31
1150.B. Applicability 11-31
1150.C. Development Agreements 11-31
1150.D. Zoning and Development Code Amendment 11-33
1150.E. General Plan Amendment 11-34
1150.F. Zone Change 11-37
1150.G. Specific Plan Amendment 11-38
Sec. 1160. Discretionary Review 11-39
1160.A. Purpose 11-39
1160.B. Applicability 11-39
1160.C. Billboard Relocation 11-39
1160.D. Conditional Use Permit . . . . . . . . . . . . . . . . . . . . . 11-40 1160.E. Temporary Use Permit 11-46
1160.F. Variance 11-47
1160.G. Development Plan 11-48
1160.H. Wireless Telecommunications Facility Permit 11-51 Sec. 1170. Administrative Review 11-59
1170.A. Purpose 11-59
1170.B. Applicability 11-59
1170.C. Ministerial Permit 11-59
1170.D. Alternative Compliance 11-61
1170.E. Director Determination 11-61
Sec. 1180. Subdivision Review 11-62
1180.A. Purpose 11-62
1180.B. Applicability 11-62
1180.C. Certificate of Compliance 11-62
1180.D. Final Map and Parcel Map 11-62
1180.E. Map Correction and Amendment 11-63
1180.F. Parcel Map Waiver 11-63
DRAFT May 16, 2024 Pomona, California | Zoning & Development Code 11-3 Sec. 1190. Historic Preservation Review 11-64
1190.A. Additional Requirements 11-64
1190.B. Designation of Local Historic Landmarks, Districts and Points of Historical Interest 11-64 1190.C. Determination of Historic Eligibility 11-67
1190.D. Certificates of Appropriateness 11-67
1190.E. Certificate of Economic Hardship 11-69
1190.F. Certificate of Deconstruction 11-71
1190.G. Mills Act Contract 11-72
Sec. 11100. Nonconformities 11-74
11100.A. Purpose 11-74
11100.B. Intent 11-74
11100.C. Applicability 11-74
11100.D. Nonconforming Uses 11-75
11100.E. Nonconforming Structures and Improvements 11-77 11100.F. Calculation of Time 11-78
11100.G. Compliance with Other Laws 11-78
11100.H. Relief 11-78
11100.I. Form Exceptions 11-79
11100.J. Frontage Exceptions 11-80
11100.K. Use Exceptions 11-85
11100.L. Site Exceptions 11-86
11100.M. Street Exceptions 11-86
Sec. 11110. Violations and Enforcement 11-87
11-4 Zoning & Development Code | Pomona, California DRAFT May 16, 2024 Part 11 | Administration Summary of Review Authority
Sec. 1100. Authority
1100.A. Summary of Review Authority
The California Government Code (Sec. 65100) provides that each city and county establish a planning agency with the powers necessary to carry out the planning and zoning functions of the jurisdiction. The purpose of this Part is to identify the bodies, commissions, committees, positions, boards, and departments responsible for carrying out the powers and duties of the planning agency.
The following table summarizes the review and approval authority of various review bodies and officials that implement and administer this Zoning and Development Code.
Review and Approval Authority Public Notice
Review and Approval ProcessZoningAdministratorDevelopment ServicesDirectorHistoric Preservation CommissionPlanning CommissionCity CouncilMailedPublishedPostedReference
LEGISLATIVE REVIEW
Development Agreement - - - R-PH D - Y - [Sec. 1150.C.] Zoning and Development Code Amendment R - - R-PH D-PH - Y - [Sec. 1150.D.] General Plan Amendment R - - R-PH D-PH - Y - [Sec. 1150.E.] Zone Change R - - R-PH D-PH - Y - [Sec. 1150.F.]
Specific Plan Amendment R - - R-PH D-PH Y Y - [Sec. 1150.G.]
DISCRETIONARY REVIEW
Billboard Relocation R - - D-PH A - Y - [Sec. 1160.C.]
Conditional Use Permit R - - D-PH A - Y - [Sec. 1160.D.] Temporary Use Permit R - - D-PH A - Y - [Sec. 1160.E.]
Variance R - - D-PH A - Y - [Sec. 1160.F.]
Development Plan D - - A - - - - [Sec. 1160.G.]
Wireless Telecommunications Facility Permit R - - D-PH A - Y - [Sec. 1160.H.]
ADMINISTRATIVE REVIEW
Ministerial Permit R D - A - - - - [Sec. 1170.C.]
Alternative Compliance R D - A - - - - [Sec. 1170.D.]
Director Determination R D - A - - - - [Sec. 1170.E.]
KEY: R = Review/recommend; D = Final decision; -PH = Public hearing; A = Appeal; Y = Required; - = Not applicable
DRAFT May 16, 2024 Pomona, California | Zoning & Development Code 11-5 Summary of Review Authority Part 11 | Administration
Review and Approval Authority Public Notice
Review and Approval ProcessZoningAdministratorDevelopment ServicesDirectorHistoric Preservation CommissionPlanning CommissionCity CouncilMailedPublishedPostedReference
SUBDIVISION REVIEW
Certificate of Compliance R - - D-PH A - Y - [Sec. 1180.C.] Final Map and Parcel Map R - - - D-PH - Y - [Sec. 1180.D.] Map Correction and Amendment R - - D-PH A - Y - [Sec. 1180.E.] Parcel Map Waiver R - - D-PH A - Y - [Sec. 1180.F.]
HISTORIC PRESERVATION REVIEW
Designation of Local Historic Landmarks,
Districts and Points of Historical Interest - - R-PH - D-PH Y - - [Sec. 1190.B.] Determination of Historic Eligibility R - D - A - - - [Sec. 1190.C.] Certificates of Appropriateness [Sec. 1190.D.]
Minor D - A - - Y - -
Major R - D-PH - A Y - -
Certificate of Economic Hardship R - D-PH - A Y - - [Sec. 1190.E.] Certificate of Deconstruction R - D - A Y - - [Sec. 1190.F.] Mills Act Contract - - R - D - - - [Sec. 1190.G.]
KEY: R = Review/recommend; D = Final decision; -PH = Public hearing; A = Appeal; Y = Required; - = Not applicable
11-6 Zoning & Development Code | Pomona, California DRAFT May 16, 2024 Part 11 | Administration City Council
1100.B. City Council
1. General
The City Council, as authorized in the California Government Code and Part I of the City Code, has the following powers and duties under this Code.
2. Review Authority
The City Council must have the authority to hear and decide on those application types established by the table in Sec. 1100.A. (Summary of Review Authority) and must have review and final authority on all appeals of Planning Commission or Historic Preservation Commission actions. 1100.C. Planning Commission
1. General
The Planning Commission, as authorized in the California Government Code and Part I and Chapter 2 of the City Code, has the following powers and duties under this Code.
2. Review Authority
The Planning Commission must have the authority to hear, recommend, and decide on those application types identified in Sec. 1100.A. (Summary of Review Authority). In addition, the Planning Commission must have the authority to act upon an appeal of any order, requirement, permit, decision or determination concerning zoning, land use or development, made by an administrative or appointed official or body, such as the Development Services Director or Zoning Administrator. 1100.D. Historic Preservation Commission
1. General
The Historic Preservation Commission, as authorized in Chapter 2 of the City Code, has the following powers and duties under this Code.
2. Approval Authority
a. Review and Recommend
The Historic Preservation Commission is responsible for review and recommendation regarding:
1. Designation of local landmarks, local historic districts, and Points of Historical Interest;
2. Approval of Mills Act Contracts;
3. Establishment or modification to boundaries for Historic Districts (-H) as part of the designation of a local Historic District or landmark; and
4. Approval of Grants, loans, or other expenditures of money from the Historic Preservation Trust Fund (Sec. 800.C.13.).
DRAFT May 16, 2024 Pomona, California | Zoning & Development Code 11-7 Zoning Administrator Part 11 | Administration
b. Approval
The Historic Preservation Commission is responsible for final action regarding:
1. Determination of Historic Eligibility;
2. Major Certificates of Appropriateness;
3. Certificates of Economic Hardship;
4. Certificates of Deconstruction;
5. Appeals of administrative decisions on Minor Certificates of Appropriateness; and
6. Establishment or modification to historic preservation design standards and guidelines. 1100.E. Director of Development Services
1. General
The Director of Development Services , as authorized in the California Government Code (Sec. 65100) has the following powers and duties under this Code.
2. Review Authority
The Director of Development Services must have the power and duty to review and make decisions on those application types identified in Sec. 1100.A. (Summary of Review Authority).
3. Meetings
The Director of Development Services must adopt rules and procedures governing meeting business, conduct, and actions within the Director of Development Services' jurisdiction and setting timeframes for such meetings.
1100.F. Zoning Administrator
1. General
The Director of Development Services's designee fulfills the duties and responsibilities of the Zoning Administrator. The Zoning Administrator has the following powers and duties under this Code.
2. Membership
The Zoning Administrator position must be filled by the Development Services Director or the Zoning Administrator’s designee, who must fill the position of Deputy Zoning Administrator.
3. Review Authority
The Zoning Administrator must have the power and duty to review and make decisions on those application types identified in Sec. 1100.A. (Summary of Review Authority). 11-8 Zoning & Development Code | Pomona, California DRAFT May 16, 2024 Part 11 | Administration Zoning Administrator
4. Meetings
The Zoning Administrator must adopt rules and procedures governing meeting business, conduct, and actions within the Zoning Administrator's jurisdiction and setting timeframes for such meetings.
DRAFT May 16, 2024 Pomona, California | Zoning & Development Code 11-9 Applications and Fees Part 11 | Administration
Sec. 1110. Application Filing and Processing
1110.A. Purpose
To establish procedures and requirements for the preparation, filing and processing of applications for permits, amendments, and approvals stipulated by this Zoning and Development Code. 1110.B. Applicability
Sec. 1100.A. (Summary of Review Authority), establishes the recommending, approving, and appeal authorities for all permits, amendments, and approvals stipulated by this Zoning and Development Code. 1110.C. Applications and Fees
1. Application Filing
a. An application for a permit, permit modification, amendment, or any other matters pertaining to this Zoning Code must be filed with the Planning Division of the Development Services Department, on an application form, together with any required fees, plans, maps, reports, special studies, exhibits, and any other information deemed necessary by the City to process the application.
b. Regularly updated requirements for application contents, forms, submission and review schedule, and fees can be found on the City of Pomona's website c. An application may be initiated by the City, owner(s) or lessee(s) of property, or their agent(s), or person(s) who have contracted to purchase property contingent upon their ability to acquire the necessary permits under this Zoning Code, or their agent(s). d. A project requiring the filing of more than one land use or entitlement permit application must, to the extent possible, be filed with all related applications for concurrent review. Related applications may be elevated to the highest required Reviewing Authority as determined by the Development Services Director.
2. Filing Fees
a. The City Council may adopt fees for city regulations, products or services by resolution pursuant to City Code Div. 5. (Fixing of Certain Regulatory Fees and Service Charges). b. Application review and action must not commence until such time that all applicable filing fees and/or deposits have been paid in full. An application received without all applicable filing fees and/or deposits must be deemed incomplete for filing and further processing and must be deemed just cause for denial of the application. In the case of time and materials projects, the payment of additional deposits may be required to fully recover all City processing costs.
3. Refunds and Withdrawals
a. The refund of filing fees in response to the denial of an application must be prohibited, recognizing that filing fees are utilized to cover City costs related to public hearings, mailings, postings, transcripts, and staff time involved in processing applications. 11-10 Zoning & Development Code | Pomona, California DRAFT May 16, 2024 Part 11 | Administration Applications and Fees
b. An applicant wishing to withdraw their application may do so by written request to the Zoning Administrator at any time prior to action by the Approving Authority. c. Upon receipt of a request for application withdrawal, the Zoning Administrator may order the refund of all or part of the filing fees, based upon the prorated costs to date and determination of the status of the application at the time of withdrawal.
4. Submittal Requirement List
a. The City must maintain a list of information required from an applicant for a development project in compliance with the California Government Code (Sec. 65940.). This list must be know as the Submittal Requirement List.
b. Regularly updated content for the Submittal Requirement List can be found on the City of Pomona's website.
DRAFT May 16, 2024 Pomona, California | Zoning & Development Code 11-11 Application Processing Procedures Part 11 | Administration 1110.D. Application Processing Procedures
To provide general procedures for the processing of applications for legislative actions, discretionary permits and actions, and ministerial/administrative permits and decisions filed pursuant to Sec. 1100.A. (Summary of Review Authority).
1. Legislative Actions
The Advisory and Approving Authorities for legislative actions are established by Sec. 1100.A. (Summary of Review Authority). Unless otherwise stipulated by Sec. 1160. (Legislative Review), the procedure for reviewing and acting upon an application resulting in a legislative action is as follows:
a. Application Submittal
1. All applications for development approval must be submitted in accordance with the requirements of this Code and must be filed with the Planning Division of the Development Services Department.
2. Regularly updated requirements for application contents, forms, submission and review schedule, and fees can be found on the City of Pomona's website.
3. Before review of an application, all filing fees must be paid in full. b. Initial Review for Application Completeness
Legislative actions must be initially reviewed for application completeness and acceptance, as follows:
1. Review for Application Completeness
i. Following receipt of an application filed in compliance with this Chapter, the Planning Division must determine, in writing, whether the application is complete for processing and must transmit the determination to the applicant.
ii. If an application is determined to be incomplete for processing, the Planning Division must specify those parts of the application that are incomplete and must indicate the manner in which they can be made complete, including a list and thorough description of the specific information needed to complete the application. The applicant must submit materials to the City in response to the list and description, which must be reviewed pursuant to Sec. 1110.D.1.b.1., above.
iii. If the application, together with the submitted materials, is determined to be incomplete for processing, the applicant may appeal that decision to the City Council or Planning Commission pursuant to the provisions of Sec. 1130. (Appeals), as set forth in the California Government Code (Sec. 65943.c.).
iv. Failure of an applicant to submit complete or adequate information pursuant to the provisions of Sec. 1110.D.1.b.1. and Sec. 1110.D.1.b.2., must constitute grounds for denial of the application.
2. Application Acceptance
i. Following acceptance of an application as complete for processing, no new or additional information may be requested of the applicant; however, in the course of processing the 11-12 Zoning & Development Code | Pomona, California DRAFT May 16, 2024 Part 11 | Administration Application Processing Procedures application, the Planning Division may request the applicant to clarify, amplify, correct, or otherwise supplement the information required for the application. This provision must not be so construed as to require an applicant to submit with the initial application, the entirety of the information that the Planning Division may require in order to take final action on the application as set forth in the California Government Code (Sec. 65944.a.). ii. Prior to accepting an application as complete for processing, the Planning Division must inform the applicant of any information included in the list prepared pursuant to Sec. 1110.D.1.b.2.i., above, which will subsequently be required from the applicant in order to complete final action on the application.
iii. The provisions of this Section must not be construed as limiting the ability of the Planning Division to request and obtain information that may be needed in order to comply with the California Resources Code (Section 21000.).
3. Investigation and Report
i. Following acceptance of an application as complete for processing pursuant to Sec. 1110.D.1.b. (Initial Review for Application Completeness), above, the Planning Division must investigate the facts bearing on the application and must prepare a written report, which must be transmitted to the appropriate Reviewing Authority. ii. The Planning Division’s report must provide the information necessary for action on the application, consistent with the provisions of this Zoning and Development Code and General Plan, and must report all findings to the appropriate Reviewing Authority. iii. During the investigation of the facts bearing on the application, the Planning Division may consult with other City departments and public agencies.
4. Public Hearings
i. The Advisory and Approving Authorities established by Sec. 1100.A. (Summary of Review Authority), must each conduct at least one public hearing, which must be duly noticed, heard, and acted upon pursuant to Sec. 1120. (Public Hearings). ii. The Planning Division’s written report, prepared pursuant to Sec. 1110.D.1. through Sec. 1110.D.3., above, must be made available to the property owner and applicant, if different from the property owner, at least 72 hours prior to the public hearing.
5. Advisory Authority Review and Recommendation
The Advisory Authority must make recommendation to the Approving Authority whether to approve, approve in modified form, or deny an application, which must be transmitted to the Approving Authority in such a manner and form as specified by the Approving Authority.
6. Approving Authority Review and Action
i. Upon receipt of the Advisory Authority’s recommendation, the Approving Authority must approve, approve in modified form, or deny an application. ii. The action of the Approving Authority must be by written decision, setting forth the basis for the action, and must include any applicable findings prescribed by Sec. 1110.D.1. (Legislative Actions). There must be no time limit within which the Approving Authority must act on a legislative action.
DRAFT May 16, 2024 Pomona, California | Zoning & Development Code 11-13 Application Processing Procedures Part 11 | Administration iii. The decision of the Approving Authority must be final and conclusive.
7. Effective Date of Approving Authority Action
A legislative approval granted by resolution is effective immediately upon adoption of the numbered resolution by the City Council. A legislative approval granted by ordinance is effective 30 days following the date of adoption of the ordinance by the Approving Authority.
2. Discretionary Permits and Actions
The Advisory, Approving, and Appeal Authorities for discretionary permits and actions are established by Sec. 1100.A. (Summary of Review Authority). Unless otherwise stipulated by this Section, the procedure for reviewing and acting upon an application resulting in a discretionary permit or action is as follows:
a. Application Submittal
1. All applications for development approval must be submitted in accordance with the requirements of this Code and must be filed with the Planning Division of the Development Services Department.
2. Regularly updated requirements for application contents, forms, submission and review schedule, and fees can be found on the City of Pomona's website.
3. Before review of an application, all filing fees must be paid in full. b. Initial Review for Application Completeness
Discretionary actions must be initially reviewed for application completeness and acceptance, as follows:
1. Review for Application Completeness
i. Within 30 days following receipt of an application filed in compliance with this Chapter, the Planning Division must determine, in writing, whether the application is complete for processing and must transmit the determination to the applicant. If the written determination is not made within the required period, the application must be automatically deemed complete for processing. Upon receipt of any resubmittal of the application, a new 30-day period must begin, during which time completeness of the resubmitted application must be determined.
ii. If an application is determined to be incomplete for processing, the Planning Division must specify those parts of the application that are incomplete and must indicate the manner in which they can be made complete, including a list and thorough description of the specific information needed to complete the application. The applicant must submit materials to the Planning Division in response to the list and description, which must be reviewed pursuant to Sec. 1110.D.2.b.1.i, above. iii. If the application, together with the submitted materials, is determined to be incomplete for processing, the applicant may appeal that decision to the City Council or Planning Commission pursuant to the provisions of Sec. 1130. (Appeals) as set forth in the California Government Code (Sec. 65943.c).
11-14 Zoning & Development Code | Pomona, California DRAFT May 16, 2024 Part 11 | Administration Application Processing Procedures iv. Failure of an applicant to submit complete or adequate information pursuant to the provisions of Sec. 1110.D.2.b.1.i. and Sec. 1110.D.2.b.1.ii., above, must constitute grounds for denial of the application.
2. Application Acceptance
i. Following acceptance of an application as complete for processing, no new or additional information may be requested of the applicant; however, in the course of processing the application, the Planning Division may request the applicant to clarify, amplify, correct, or otherwise supplement the information required for the application. This provision must not be so construed as to require an applicant to submit with the initial application, the entirety of the information that the City may require in order to facilitate final action on the application.
ii. Prior to accepting an application as complete for processing, the Planning Division must inform the applicant of any information included in the list prepared pursuant to Sec. 1110.D.2.b.2.i., above, which will subsequently be required from the applicant in order to complete final action on the application.
iii. The provisions of this Subsection must not be construed as limiting the ability of the Planning Division to request and obtain information that may be needed in order to comply with the provisions of the California Resources Code (Section 21000.).
3. Investigation and Report
i. Following acceptance of an application as complete for processing pursuant to Sec. 1110.D.2.b. (Initial Review for Application Completeness), the Planning Division must investigate the facts bearing on the application and must prepare a written report, which must be transmitted to the appropriate Reviewing Authority. ii. The Planning Division’s report must provide the information necessary for action on the application, consistent with the provisions of this Zoning and Development Code and General Plan, and must report all findings to the appropriate Reviewing Authority. iii. During the investigation of the facts bearing on the application, the Planning Division may consult with other City departments and public agencies.
4. Public Hearings
i. The Advisory, Approving and Appeal Authorities established by Sec. 1100.A. (Summary of Review Authority), and which require a public hearing, must each conduct at least 1 public hearing, which must be duly noticed, heard, and acted upon pursuant to Sec. 1120. (Public Hearings).
ii. The Planning Division’s agenda, prepared pursuant to Sec. 1100.D.2b.1. (Review for Application Completeness), above, must be made available to the property owner and applicant, if different from the property owner, at least 72 hours prior to the public hearing.
DRAFT May 16, 2024 Pomona, California | Zoning & Development Code 11-15 Application Processing Procedures Part 11 | Administration
5. Advisory Authority Review and Recommendation
If required pursuant to Sec. 1100.A. (Summary of Review Authority), the procedure for review and recommendation on a discretionary permit or action by an Advisory Authority is as follows:
i. The Advisory Authority must make recommendation to the Approving Authority whether to approve, approve in modified form, or deny an application, which must be transmitted to the Approving Authority in such manner and form as specified by the Approving Authority.
ii. The Advisory Authority must forward its recommendation to the applicant and Approving Authority following the date its decision was rendered.
6. Approving Authority Review and Action
The procedure for review and action on a discretionary permit or action by an Approving Authority is as follows:
i. Upon receipt of the Advisory Authority’s recommendation, the Approving Authority must approve, approve in modified form, or deny an application, and may impose reasonable conditions to the approval of an application.
ii. The action of the Approving Authority must be by written decision, setting forth the basis for the action, and must include any applicable findings prescribed by Sec. 1110.D.2. (Discretionary Permits and Actions). A discretionary permit or action must be acted upon within the timeframes specified by the California Government Code (Sec. 65950, 65950.1, 65951, and 65952), except that Tentative Subdivision Maps must be acted upon within the timeframes specified by California Government Code (Sec. 66452.1.). iii. The decision of the Approving Authority must be final and conclusive in the absence of an appeal filed pursuant to Sec. 1130. (Appeals).
7. Effective Date of Approving Authority Action
i. A discretionary permit or action must become effective on the City business day following Approving Authority action, unless the discretionary permit is being processed concurrently with and dependent upon any legislative action; in which case, the effective date of the discretionary permit or action must be governed by Sec. 1110.D.2.b.7. (Effective Date of Approving Authority Action). The Approving Authority’s action to approve, approve in modified form, or deny a discretionary permit or action must be immediately suspended upon the filing of an appeal pursuant to Sec. 1130. (Appeals). ii. Notice of decision must be issued to the applicant following the effective date of Approving Authority action.
11-16 Zoning & Development Code | Pomona, California DRAFT May 16, 2024 Part 11 | Administration Application Processing Procedures
3. Ministerial or Administrative Permits and Decisions
The Advisory, Approving and Appeal Authorities for ministerial permits and decisions are established by Sec. 1100.A. (Summary of Review Authority). Unless otherwise stipulated by this Section, the procedure for reviewing and acting upon an application requiring a ministerial/administrative permit or decision is as follows:
a. Application Submittal
1. All applications for development approval must be submitted in accordance with the requirements of this Code and must be filed with the Planning Division of the Development Services Department.
2. Regularly updated requirements for application contents, forms, submission and review schedule, and fees can be found on the City of Pomona's website.
3. Before review of an application, all filing fees must be paid in full. b. Initial Review for Application Completeness
Applications requesting ministerial/administrative permits and/or decisions must be initially reviewed for completeness and acceptance, as follows:
1. Review for Application Completeness
i. Within 30 days following receipt of an application filed in compliance with this Chapter, the City must review the application and determine, in writing, whether the application is complete for further processing, and must transmit the determination to the applicant.
If the written determination is not made within the required period, the application must automatically be deemed complete for further processing. Upon receipt of any re-submittal of the application, a new 30-day period must begin, during which time completeness of the resubmitted application must be determined. ii. If an application is determined to be incomplete for processing, the City must specify those parts of the application that are incomplete and must indicate the manner in which they can be made complete, including a list and thorough description of the specific information needed to complete the application. The applicant must submit materials to the responsible City department in response to the list and description, which must be reviewed pursuant to Sec. 1110.D.3.b.1.i., above.
iii. If an application, together with the submitted materials, is determined to be incomplete for processing, the applicant may appeal that decision to the Planning Commission pursuant to the provisions of Sec. 1130. (Appeals).
iv. Failure of an applicant to submit complete or adequate information pursuant to the provisions of Sec. 1110.D.3.b.1.i. and Sec. 1110.D.3.b.1.ii., above, must constitute grounds for denial of the application.
2. Application Acceptance
i. Following acceptance of an application as complete for processing, no new or additional information may be requested of the applicant; however, in the course of processing the application, the responsible City department may request the applicant to clarify, amplify, correct, or otherwise supplement the information required for the application. This DRAFT May 16, 2024 Pomona, California | Zoning & Development Code 11-17 Application Processing Procedures Part 11 | Administration provision must not be so construed as to require an applicant to submit with the initial application, the entirety of the information that the responsible City department may require in order to facilitate final action on the application. ii. Prior to accepting an application as complete for processing, the responsible City department must inform the applicant of any information included in the list prepared pursuant to Sec. 1110.D.3.b.2.i., above, which will subsequently be required from the applicant in order to complete final action on the application. iii. The provisions of this Subsection must not be construed as limiting the ability of the responsible City department to request and obtain information that may be needed in order to comply with the provisions of California Resources Code (Section 21000.).
3. Investigation
Following acceptance of an application as complete for processing, the responsible City department must investigate the facts bearing on the application and provide the information necessary for action or determination, consistent with this Zoning and Development Code and General Plan, which must be reported to the Approving Authority.
4. Review and Action
i. The Approving Authority must review the application and must then approve, approve in modified form, or deny the application. The decision of the Approving Authority must be final and conclusive in the absence of an appeal filed pursuant to the provisions of Sec.
Sec. 1130. (Appeals).
ii. The Approving Authority must act on a ministerial approval request following acceptance of an application as complete for processing pursuant to Sec. 1110.D.3.b.1 (Initial Review for Application Completeness).
5. Effective Date of Approving Authority Action
i. A ministerial/administrative permit or action must become effective immediately upon Approving Authority action. An Approving Authority action to approve or deny a ministerial permit or decision must be immediately suspended upon the filing of an appeal pursuant to Sec. 1130. (Appeals).
ii. Notice of decision must be issued to the applicant following the effective date of approving authority action.
11-18 Zoning & Development Code | Pomona, California DRAFT May 16, 2024 Part 11 | Administration Environmental Review
1110.E. Environmental Review
1. Purpose
To ensure compliance with CEQA as required by state law.
2. Applicability
Applies to any activity of the City that is determined to be a “project” pursuant to CEQA as set forth in the California Public Resources Code (Sec. 21000 through 21178) and the CEQA Guidelines set forth in the California Code of Regulations (Sec. 15000 through 15387).
3. Environmental Review
The City of Pomona must conduct an environmental review of any activity within the City that constitutes a “project” pursuant to the California Environmental Quality Act (CEQA), the CEQA Guidelines and the City’s local guidelines for the implementation of CEQA. Depending upon the nature and scope of a “project,” it may be found to be exempt from further environmental review, or a negative declaration, mitigated negative declaration or environmental impact report may be required to be completed. Negative declarations, mitigated negative declarations, and environmental impact reports must be prepared pursuant to the requirements of CEQA and the implementing guidelines, and the City’s local guidelines for the implementation of CEQA. a. Application Submittal
1. All applications for development approval must be submitted in accordance with the requirements of this Code and must be filed with the Planning Division of the Development Services Department.
2. Regularly updated requirements for application contents, forms, submission and review schedule, and fees can be found on the City of Pomona's website.
3. Before review of an application, all filing fees must be paid in full.
DRAFT May 16, 2024 Pomona, California | Zoning & Development Code 11-19 Time Limits and Extensions Part 11 | Administration
1110.F. Time Limits and Extensions
1. Time Limits
Discretionary permits/actions granted pursuant to this Section must become invalid if not exercised within the below-listed timeframes:
a. General
Unless otherwise stipulated by the conditions of approval, a discretionary permit/action must become invalid if not exercised within 12 months following the effective date of application approval, except as specified in Sec. 1110.F.1.b. through Sec. 1110.F.1.c., below, unless extended by time extension pursuant to Sec. 1110.F.2. (Time Extensions). b. Tentative Subdivision Map
1. A Tentative Tract or Parcel Map must become invalid if not exercised within the time limits specified by the California Government Code (Sec. 66452.6). c. Certificate of Appropriateness
A Certificate of Appropriateness granted pursuant to this Section must become invalid if not exercised within the time limit specified by the conditions of approval, or within 24 months if no time limit has been specified.
d. Definition
For the purposes of this Section, the term “exercised” must mean the following:
1. The applicant, or property owner if different from the applicant, has completed or fulfilled all conditions of approval imposed upon the permit or action by the Approving Authority; and
2. In the case of permits or actions pertaining to a development project approval, a Building Permit must have been issued and construction must have commenced and been diligently pursued toward project completion.
3. In the case of permits or actions pertaining to a land use approval, the approved use must have commenced.
4. In the case of a Merger of Contiguous Parcels, Reversion to Acreage, or Tentative Subdivision Map, the Merger, Reversion, or Final Subdivision Map must have been recorded at the office of the County Recorder.
11-20 Zoning & Development Code | Pomona, California DRAFT May 16, 2024 Part 11 | Administration Time Limits and Extensions
2. Time Extensions
The time limits within which a discretionary permit or action must be exercised, may be extended as follows:
a. Project Applicant or Property Owner Requested Time Extension
1. The project applicant, or property owner if different from the applicant, may file a Time Extension request, together with any required filing fees, with the Planning Division prior to the expiration date of an approved discretionary permit or action.
2. Upon the submittal of a Time Extension request, the affected discretionary permit or action must be granted an automatic 90-day time extension to allow sufficient time for application processing.
3. No retroactive requests for time extensions will be accepted for consideration in alignment with California Subdivision Map Act.
b. Criteria for Granting a Time Extension
An extension of the expiration date for an approved discretionary permit or action must be acted upon as follows:
1. The Approving Authority may grant a Time Extension upon determination of the following:
i. Each of the findings and conditions of the original approval are still applicable to the project and there are no changed circumstances;
ii. The Time Extension will not adversely affect the public health, safety, or welfare; and iii. There has been diligent pursuit to exercise the permit or action for which an extension is being requested.
2. The burden of proof must lie with the permittee to establish with substantial evidence that the approval for which the Time Extension is requested should not be allowed to expire. If the Approving Authority determines that the permittee has good-faith intent to commence with the proposed project, the Approving Authority may grant a Time Extension.
3. A discretionary permit or action may be granted Time Extensions in up to one-year increments, not to exceed a total of two, one-year time extensions, excepting tentative subdivision maps, which must be subject to the provisions of the California Government Code (Sec. 66452.6.).
DRAFT May 16, 2024 Pomona, California | Zoning & Development Code 11-21 Applicant Failure to Complete Application Processing Part 11 | Administration 1110.G. Applicant Failure to Complete Application Processing
1. Within 180 days following a written request by the City or other governmental agency for plan changes, corrections, revisions, or the submittal of additional information, an application must be deemed withdrawn if the Zoning Administrator determines that the applicant has not made reasonable progress toward providing necessary plan changes or corrections, or additional information. Application processing must not resume thereafter until a new application is filed, including fees, plans, exhibits, and other materials required for any project on the same site.
2. Upon written request of the applicant, the Zoning Administrator may order the refund of all or a portion of filing fees pursuant to Sec. 1110.C.3. (Refunds and Withdrawals). 11-22 Zoning & Development Code | Pomona, California DRAFT May 16, 2024 Part 11 | Administration Limitations on Application Refiling 1110.H. Limitations on Application Refiling
A final action denying an application must prohibit the further filing of the same or a substantially similar application for a period of not less than 12 months following the date of application denial, except that an application denied without prejudice may be resubmitted within the 12-month period following application denial.
DRAFT May 16, 2024 Pomona, California | Zoning & Development Code 11-23 Indemnification Part 11 | Administration
1110.I. Indemnification
It must be a condition of any application approved pursuant to this Chapter, or any approval or certification required pursuant to CEQA or the CEQA Guidelines, that a property owner or applicant, if different from the property owner, must defend, indemnify, and hold harmless the City and its agents, officers, attorneys, and employees:
1. From any claim, action, or proceeding brought against the City or its agents, officers, attorneys, or employees, to attack, set aside, void, or annul the City's decision to approve any development, land use permit, and/or approvals and certifications under CEQA, but excluding any subdivision approval governed by the California Government Code (Sec. 66474.9.). This indemnification must include, but not be limited to, damages, fees, and/or costs awarded against the City, if any, and the cost of any suit, attorney’s fees, and/or other costs, liabilities, and expenses incurred in connection with a lawsuit, whether incurred by the applicant, the City, and/or the parties initiating or bringing a lawsuit;
2. For all costs incurred in additional investigation and/or study of, or for supplementing, preparing, redrafting, revising, or amending any document (such as, but not limited to, a negative declaration, mitigated negative declaration, environmental impact report, general plan amendment, specific plan, or specific plan amendment), if made necessary by a lawsuit and if the applicant desires to pursue securing approvals that are condition of application approval, after initiation of a lawsuit; and
3. For all costs, fees, and damages that the City incurs in enforcing the indemnification provisions set forth in Sec. 1110.I.1. and Sec. 1110.I.2..
11-24 Zoning & Development Code | Pomona, California DRAFT May 16, 2024 Part 11 | Administration Purpose
Sec. 1120. Public Hearings
1120.A. Purpose
To implement the California Government Code (Sec. 65090), which governs public hearing and notification procedures for consideration of legislative actions, discretionary land use and development entitlements, and discretionary administrative actions. Public hearings are not required for nondiscretionary administrative permits, decisions, and actions; however, public notice may be required pursuant to this section.
1120.B. Applicability
1. A public hearing for a legislative action, land use or development entitlement, or any other matters pertaining to this Zoning and Development Code requiring a public hearing pursuant to the California Government Code (Sec. 65090 through 65095), must be scheduled and heard in accordance with the provisions of this section.
2. Public hearing notification for legislative actions, land use or development entitlements, or administrative permits, decisions, or actions must be provided in the manner prescribed by Sec. 1100.A. (Summary of Review Authority).
1120.C. Public Hearing Notices
1. Public Hearing Notice Minimum Information
Public hearing notices must contain the following minimum information:
a. The associated application number(s);
b. The name of the applicant or applicant’s agent;
c. A general description, in text or by diagram, of the location of the real property that is the subject of the hearing;
d. Current zoning district designation of the site subject to the application; e. A general description of the matter to be considered; f. Time, place, and location of the public hearing;
g. The identity of the hearing body or officer;
h. A statement indicating that additional application materials and documentation are on file with the City of Pomona and where such additional project information may be viewed or obtained; i. A statement that any interested person may appear at the hearing or submit written material prior to the commencement of the hearing; and
j. A statement of environmental determination to be considered by the hearing body, including a citation to the State Guidelines section or statute under the California Environmental Quality Act.
DRAFT May 16, 2024 Pomona, California | Zoning & Development Code 11-25 Public Hearing Notices Part 11 | Administration
2. Notices for Public Hearings Conducted by the City Council A notice for a public hearing conducted by the City Council must not be published, mailed, delivered, or posted in advance of a public hearing conducted by the Planning Commission pursuant to Sec. 1100.A. (Summary of Review Authority), as the public hearing notice must include the recommendation of the Planning Commission.
3. Public Notification Required 10 Days in Advance
Public hearing notification must be provided a minimum of 10 days in advance of any public hearing and must be provided by one or more of the following methods, as necessary:
a. First Class Mail or Delivery
First Class Mail or delivery must be provided to:
1. Any person filing a request to the Planning Division to receive such notices; and
2. All property owners and occupants of the property subject to the application;
3. All owners of real property and occupants located within a minimum of 400-feet of the exterior boundaries of the property that is the subject of the hearing, as shown on the last equalized assessment roll, or records of the county assessor or tax collector if those records contain more recent information than the information contained on the assessment roll.
4. The owner’s duly authorized agent, if any; and
5. The project applicant; and
6. Each local agency expected to provide water, sewage, streets, roads, schools or other essential facilities or services to the project, whose ability to provide those facilities and services may be significantly affected.
b. Number of Owners Requiring Public Hearing Notification Is Greater Than 1,000 If the number of owners to whom notice would be mailed or delivered pursuant to Sec. 1120.C.3.a. (First Class Mail or Delivery), is greater than 1,000, in lieu of mailed or delivered notice, a display advertisement of at least 1/8 page may be placed in at least one newspaper of general circulation within the City of Pomona.
c. Public Hearing Notice Publication
If notice is mailed or delivered pursuant to Sec. 1120.C.3.a.3., notice must also be published in at least one newspaper of general circulation in the City or, if there is no such newspaper of general circulation, the notice must be posted in at least 3 public places within the boundaries of the City, including the subject site.
d. Posting
1. No posted notice is required for any application unless required by State law.
2. When required by State law, the content and form of the posted notice must be consistent with the requirements of the California Government Code, Public Resource Code or other applicable State law.
11-26 Zoning & Development Code | Pomona, California DRAFT May 16, 2024 Part 11 | Administration Request for Notification
e. Other Acceptable Methods of Public Noticing
In addition to the public noticing required by Sec. 1120.C.3.a. through Sec. 1120.C.3.d., the City may give notice of a hearing by any other method deemed necessary or desirable by the Zoning Administrator.
4. Public Notices Required Pursuant to CEQA
Public notification required pursuant to CEQA must be prepared and advertised in accordance with state law.
1120.D. Request for Notification
Wherein notice of a public hearing is required pursuant to Sec. 1120.C. (Public Hearing Notices), the notice must also be mailed or delivered at least 10 days prior to the hearing to any person who has filed a written request for such notice with either the city clerk or the Planning Division. 1120.E. Failure to Receive a Public Notice
1. Pursuant to California Government Code (Sec. 65093), the failure of any person or entity to receive notice given pursuant to this Chapter must not constitute grounds for any court to invalidate the actions of the Approving Authority for which the notice was given.
2. Any notices not received due to an error beyond the City's control, does not prevent the public hearing from occurring, change any decision made at the public hearing, or prevent the application from advancing through the review process.
DRAFT May 16, 2024 Pomona, California | Zoning & Development Code 11-27 Appeals Part 11 | Administration
Sec. 1130. Appeals
1130.A. Purpose
To implement the California Government Code (Sec. 65903.), which governs the establishment of procedures for the filing, processing and hearing of appeals on actions or decisions of a City department, agency, or Approving Authority.
1130.B. Applicability
Any person having legal standing, including but not limited to an applicant, resident, business owner, or any person owning real property within the City, that is aggrieved by an interpretation, action or decision made pursuant to this Zoning and Development Code by any City agency or department, or by an Approving Authority, may appeal such action to the Appeal Authority in accordance with the provisions of this Section.
1130.C. Appeals
1. Appeal Authority
a. The Appeal Authority for all legislative actions, discretionary permits and actions, and ministerial permits and decisions, is hereby established pursuant to Sec. 1100.A. (Summary of Review Authority) of this Zoning Code.
b. The Appeal Authority for an administrative interpretation, action, or decision made by any City agency or department head regarding any matter prescribed or governed by this Zoning Code may be appealed to the Planning Commission, except as otherwise prescribed by this Zoning Code.
2. Appeal Procedure
a. An appeal request must be filed with the City Clerk on a City application form, along with any appropriate fees established by resolution of the City Council, within 20 calendar days following the action or decision being appealed. The appeal must include a statement identifying the specific action or decision of the Approving Authority that is being appealed, the specific grounds for the appeal, and the relief requested from the Appeal Authority. b. An appeal of an action or decision by the Approving Authority must be limited to those matters raised during the hearing and contained in the appeal statement. c. Upon receipt of an appeal request, copies of the request and supporting information must be set or hearing before the Appeal Authority within 45 days (30 days for a tentative subdivision map) following the filing of the appeal request. The Appeal Authority must set the matter for hearing, which must be noticed and conducted pursuant to Sec. 1120. (Public Hearings). d. Upon receipt of an appeal request, the Planning Manager must prepare the record on the subject matter of the appeal, including any staff reports and meeting minutes, and transmit the record to the Appeal Authority. The Planning Manager must also prepare a written report responding to the appeal statement, containing a recommendation on the appeal and appropriate findings supporting the recommendation, along with any appropriate conditions of approval. The report 11-28 Zoning & Development Code | Pomona, California DRAFT May 16, 2024 Part 11 | Administration Appeals
must be made available to the Appellant at least 72 hours prior to the hearing before the Appeal Authority, not including additional information.
e. Within 30 days (10 days for a tentative subdivision map) following the conclusion of the hearing, the Appeal Authority must render its decision on the appeal. The Appeal Authority may deny the appeal or may grant the appeal in whole or in part, along with any conditions it deems necessary to protect the public health, safety and general welfare. The decision must include all required findings.
DRAFT May 16, 2024 Pomona, California | Zoning & Development Code 11-29 Duration of Surety Part 11 | Administration
Sec. 1140. Performance Guarantees
1140.A. Purpose
To establish a procedure by which a discretionary permit or action, or ministerial permit or decision may require, by conditions of approval or by action of the Approving Authority, to provide surety guaranteeing the faithful performance and proper completion of any approved work and compliance with conditions of approval.
1140.B. Applicability
Applies to performance guarantees for projects authorized by any a discretionary permit or action, or ministerial permit or decision required by this Zoning and Development Code. All performance guarantees are required as follows:
1. Prior to the issuance of Public Works permits for improvements in the public right-of-way or within public easement granted over private property.
2. For discretionary projects, prior to approval of subdivision maps or the issuance of the building permits, whichever occurs first.
3. The requried bonds are:
a. faithful performance
b. labor and material and;
c. warranty (or conversion to warranty). The labor/material must be surety bond, whereas the performance and warranty bonds may be surety bond/cash/check/CD/escrow account, etc. 1140.C. Surety Form and Amount
The required surety must be in a form (e.g., cash deposit, certificate of deposit, surety bond, etc.) approved by the Planning Manager or Public Works Director, upon recommendation of the City Attorney.
The amount of surety must be as determined by the Planning Manager and/or Public Works Director to be necessary to ensure proper completion of the work and compliance with conditions of approval (cost plus 25 percent contingency).
1140.D. Surety for Maintenance
In addition to any improvement surety required to guarantee proper completion of work, the Planning Manager or Public Works Director may require the maintaining of the warranty bond for up to one additional year following the acceptance of all public improvements by the Public Works Director to be sufficient to ensure the proper maintenance and functioning of improvements. 1140.E. Duration of Surety
Required improvement surety must remain in effect until final inspections have been made and all work has been accepted by the Planning Manager and/or Public Works Director, or until any warranty period required by the Planning Manager and/or Public Works Director has lapsed. Maintenance surety must remain in effect for the one-year period following the date of final inspection. 11-30 Zoning & Development Code | Pomona, California DRAFT May 16, 2024 Part 11 | Administration Release or Forfeiture of Surety 1140.F. Release or Forfeiture of Surety
1. Upon satisfactory completion of work and the approval of a final inspection at the end of the required time for maintenance surety, the improvement and/or maintenance deposits or bonds must be released.
2. Upon failure to complete all required work, failure to comply with all of the terms of any applicable permit or failure of the completed improvements to function properly, the City may perform the required work or cause it to be completed, and collect from the permittee or surety, all the costs incurred by the City, including the all costs for the work and all related administrative, inspection and legal costs.
3. Any unused portion of the surety must be refunded to the funding source after deduction of all costs for the work and all related administrative, inspection and legal costs.
DRAFT May 16, 2024 Pomona, California | Zoning & Development Code 11-31 Development Agreements Part 11 | Administration
Sec. 1150. Legislative Review
1150.A. Purpose
To prescribe procedures for the consideration of legislative actions by the appropriate Reviewing Authorities. Generally, legislative actions entail the establishment of rules, policies, or standards of general applicability, which involve the exercise of discretion and preside over considerations of public health, safety, and welfare.
1150.B. Applicability
Whenever the public necessity, convenience, general welfare, or good planning practice so requires, the appropriate Reviewing Authorities, as prescribed by Sec. 1100.A. (Summary of Review Authority), may consider the adoption of a legislative action pursuant to the general provisions prescribed by Sec. 1110. (Application Filing and Processing), and the provisions of this Chapter that are appropriate to the legislative action being considered.
1150.C. Development Agreements
1. Purpose
To establish procedures for adopting, amending, supplementing, or changing Development Agreements by and between the City and persons having a legal or equitable interest in a property proposed to be the subject of an agreement, whenever the public necessity, convenience, general welfare, or good planning practice so requires.
2. Authority
Pursuant to the California Government Code (Sec. 65864 et seq.), the City Council may enter into a development agreement with any person having a legal or equitable interest in real property for the development of the property. It is intended that the provisions of this Chapter must be fully consistent and compliant with the provisions of California Government Code (Sec. 65864 et seq.) and must be so construed.
3. Agreement Contents
a. A Development Agreement entered into pursuant to the provisions of this Chapter must, at a minimum, include the following information:
1. Duration of the agreement;
2. The permitted use(s) of the property;
3. The density or intensity of use;
4. The maximum height and size of proposed buildings; and
5. Provisions for reservation or dedication of land for public purposes. b. In addition to the minimum information required by Sec. 1160.C.3.a., above, the development agreement may include the following:
11-32 Zoning & Development Code | Pomona, California DRAFT May 16, 2024 Part 11 | Administration Development Agreements
1. Conditions, terms, restrictions, and requirements for subsequent discretionary actions, provided such conditions, terms, restrictions and requirements for subsequent discretionary actions must not prevent development of the land for the use(s) and to the density or intensity of development set forth in the agreement;
2. Provide that construction must be commenced within a specified time period and that the project, or any phase thereof, be completed within a specified time;
3. Terms and conditions relating to applicant financing of necessary public facilities and subsequent reimbursement over time; and
4. Any other such terms, conditions, and requirements as deemed necessary and proper by the City Council, including, but not limited to, a requirement for assuring to the satisfaction of the City, performance of all provisions of the development agreement in a timely fashion by the agreement holder.
4. Application Filing, Processing and Hearing
An application for Development Agreement consideration must be filed, processed, and heard pursuant to Sec. 1110.D.1 (Legislative Actions).
5. Findings
A Development Agreement must be acted upon by the Approving Authority based upon the information provided in the submitted application, evidence presented in the Planning Division’s written report, and testimony provided during the public hearing, only after considering and clearly establishing that the provisions of the Agreement are consistent with the goals, policies, plans and exhibits of the General Plan, and any applicable specific plans, and giving supporting reasons for each finding. A Development Agreement must be denied if one or more of the required findings cannot be clearly established.
6. Recordation of Agreement
Within 10 days following the City entering into a Development Agreement, the City Clerk must record with the county recorder, a copy of the Agreement, which must prescribe the land subject to the agreement. From and after the time of recordation, the Agreement must impart notice thereof to all persons as is afforded by the recording laws of this State. The burdens of the Agreement must be binding upon, and the benefits of the Agreement must inure to, all successors in interest to the parties to the agreement.
7. Amendments
A Development Agreement may be amended, or canceled in whole or in part, by mutual consent of the parties to the Agreement, or their successors in interest. Any action to amend or cancel any portion of the Agreement must be carried out pursuant to the procedures specified in Sec. 1160.C.4., above.
8. Annual Review
a. Every Development Agreement approved and executed pursuant to this Section must be annually reviewed during the term of the Agreement, following the date of its execution. The purpose of the review is to determine whether the holder of the Agreement has complied in DRAFT May 16, 2024 Pomona, California | Zoning & Development Code 11-33 Zoning and Development Code Amendment Part 11 | Administration good faith with the terms of the Agreement. The burden must be placed on the holder of the Agreement to demonstrate compliance to the full satisfaction of and in a manner prescribed by the City.
b. If as a result of annual review pursuant to this Subsection the City Council finds and determines, on the basis of substantial evidence, that the holder of the Development Agreement has not complied in good faith with the terms or conditions of the Agreement, the City Council may either amend or terminate the Agreement.
9. Modification/Suspension in Compliance with State or Federal Regulations
In the event that State or Federal laws or regulations, enacted after a Development Agreement has been entered into, prevent or preclude compliance with one or more provisions of the Development Agreement, the affected provisions of the Agreement must be modified or suspended as may be necessary to comply with State or Federal laws or regulations. 1150.D. Zoning and Development Code Amendment
1. Purpose
To establish procedures for amending, supplementing, or changing this Zoning and Development Code whenever the public necessity, convenience, general welfare, or good planning practice so requires.
2. Applicability
Pursuant to California Goverment Code (Sec. 65853 through Sec. 65859), the City Council may, by ordinance and upon written recommendation of the Planning Commission, amend, supplement, or change the ordinances codified in this Zoning and Development Code whenever the public necessity, convenience, general welfare, or good zoning practice so requires.
3. Application Filing, Processing and Hearing
An application for a Zoning and Development Code Amendment must be filed, processed, and heard pursuant to Sec. 1110.D.1. (Legislative Actions) of this Zoning and Development Code.
4. Findings and Decision
A Zoning and Development Code Amendment must be acted upon by the Approving Authority based upon the information provided in the submitted application, evidence presented in the Planning Division’s written report, and testimony provided during the public hearing, only after considering and clearly establishing all of the below-listed findings, and giving supporting reasons for each finding. The application must be denied if one or more of the below- listed findings cannot be clearly established.
a. The proposed Zoning and Development Code Amendment is consistent with the goals, policies, plans and exhibits of the General Plan; and
b. The proposed Zoning and Development Code Amendment would not be detrimental to the public interest, health, safety, convenience, or general welfare of the City. 11-34 Zoning & Development Code | Pomona, California DRAFT May 16, 2024 Part 11 | Administration General Plan Amendment
5. Urgency Measure: Interim Ordinance
Without following the procedures otherwise required prior to the adoption of a Zoning and Development Code Amendment, to protect the public safety, health, and welfare, the City Council may adopt as an urgency measure, an interim ordinance prohibiting any uses that may be in conflict with a contemplated general plan, specific plan, or zoning proposal that the City Council, Planning Commission, or the Planning Division is considering or studying, or intends to study within a reasonable period. An urgency measure must be completed pursuant to the California Government Code (Sec. 65858).
1150.E. General Plan Amendment
1. Purpose
The purpose of this Section is to establish procedures for amending, supplementing, or changing the General Plan.
2. Authority
a. Pursuant to the California Government Code (Sec. 65358), the City Council may, by resolution and upon written recommendation of the Planning Commission, amend, supplement, or change the General Plan.
b. A mandatory element of the General Plan must not be amended more than 4 times during any calendar year; except that this limitation must not apply to amendments necessary for the development of residential units where at least 25 percent of the proposed units will be occupied by, or available to, persons and families of low or moderate income, as defined by the California Health and Safety Code (Sec. 50093).
3. Application Filing
Processing and Hearing. An application for a General Plan Amendment must be filed, processed, and heard pursuant to Sec. 1110.D.1. (Legislative Actions).
4. Findings and Decision
A General Plan Amendment must be acted upon by the Approving Authority based upon the information provided in the submitted application, evidence presented in the Planning Division’s written report, and testimony provided during the public hearing, only after considering and clearly establishing all of the below-listed findings, and giving supporting reasons for each finding. The application must be denied if one or more of the below-listed findings cannot be clearly established. a. Technical Amendment Findings
A technical amendment must be denied unless findings can be made for finding number 1, and any one or more of findings 2 through 5 below:
1. The proposed amendment will not change any policy direction or intent of the General Plan.
2. An error or omission is in need of correction.
DRAFT May 16, 2024 Pomona, California | Zoning & Development Code 11-35 General Plan Amendment Part 11 | Administration
3. A land use designation was based on inaccurate or misleading information and, therefore, should be changed to properly reflect the policy intent of the General Plan.
4. A point of clarification is needed to more accurately express the meaning of the General Plan, or eliminate a source of confusion.
5. A minor change in boundary will more accurately reflect geological or topographic features, or legal or jurisdictional boundaries.
b. Entitlement/Policy Amendment Findings
An entitlement/policy amendment must be denied unless findings can be made for finding number 1 and 2, as well as any one or more of findings 3 through 6 below:
1. The proposed change does not involve a change in, or conflict with:
i. Any principle of the General Plan; or
ii. Any basic/foundational component of the General Plan.
2. The proposed amendment would contribute to the achievement of the purposes of the General Plan, or, at a minimum, would not be detrimental to them.
3. Special circumstances or conditions have emerged that were unknown or unanticipated at the time the General Plan was adopted.
4. A change in policy is required to conform to changes in state or federal law, or applicable findings of a court of law.
5. An amendment is required to comply with an update of the Housing Element or change in State Housing Element law commencing with the California Government Code (Sec. 65580).
6. An amendment is required to address changes in public ownership of land. c. Land Use Amendment Findings
A land use amendment must be denied unless findings can be made for finding number 1 through 4, as well as any one or more of findings 5 to 8 below:
1. The proposed General Plan Amendment is consistent with the goals and policies of the General Plan.
2. The proposed General Plan Amendment would not be detrimental to the public interest, health, safety, convenience, or general welfare of the City.
3. The Land Use Element is a mandatory element of the General Plan, which, pursuant to the California Government Code (Sec. 65358), may be amended up to four times per calendar year, and the proposed General Plan Amendment is the first, second, third, or fourth amendment to the Land Use Element within the current calendar year.
4. During the amendment of the General Plan, opportunities for the involvement of citizens, California Native American Indian tribes pursuant to the California Government Code (Sec. 65352.3), public agencies, public utility companies, and civic, education, and other community groups, through public hearings or other means, were implemented consistent with the California Government Code (Sec. 65351).
11-36 Zoning & Development Code | Pomona, California DRAFT May 16, 2024 Part 11 | Administration General Plan Amendment
5. The proposed project is consistent with the Housing Element of the General Plan, as the project site is not one of the properties listed in the Available Land Inventory of the Housing Element. Furthermore, changing the land use designation of the subject property from the existing General Plan land use designation to the proposed General Plan land use designation will not impact the City’s Regional Housing Needs Allocation (RHNA) obligations, or the City’s ability to satisfy its share of the region’s future housing need.
6. The proposed project is consistent with the Housing Element of the General Plan, as the project site is listed in the Available Land Inventory of the Housing Element, and the proposed project is consistent with the number of dwelling units and density specified in the Available Land Inventory.
7. The project site is listed in the Available Land Inventory contained in the Housing Element of the General Plan, and the proposed project is not consistent with the number of dwelling units or density specified in the Available Land Inventory; therefore, a General Plan Amendment to remove the subject property from the Available Land Inventory is required.
Removal of the subject property from the inventory will not impact the City’s Regional Housing Needs Allocation obligations since there are an adequate number of sites in the inventory to meet the City’s Regional Housing Needs Allocation (RHNA) obligations.
8. The proposed project is not consistent with the adopted Housing Element. The project site is listed in the Available Land Inventory of the Housing Element of the General Plan, and the proposed project is not consistent with the number of dwelling units or density specified in the Available Land Inventory; therefore, a General Plan Amendment to remove the subject property from the Available Land Inventory of the Housing Element is required. Removal of the subject property from the inventory will impact the City’s Regional Housing Needs Allocation obligations since there are not an adequate number of sites in the inventory to meet the City’s Regional Housing Needs Allocation (RHNA) obligations; therefore, the following property(ies) will be added to the Available Land Inventory.
Assessor Parcel Numbers (APN) Lot Area
[Insert APN] [Insert Lot Area]
Available Land Inventory
[Insert Existing Number of Units] [Insert Proposed Number of Units] DRAFT May 16, 2024 Pomona, California | Zoning & Development Code 11-37 Zone Change Part 11 | Administration
1150.F. Zone Change
1. Purpose
To establish procedures for amending or changing the zoning district boundaries, zoning district or module classification (Zone Change) of any property within the City.
2. Authority
Pursuant to the California Government Code (Sec. 65853 through Sec. 65859), the City Council may, by ordinance, and upon written recommendation of the Planning Commission, change the zoning boundaries or classification of any property within the City, whenever the public necessity, convenience, general welfare, or good zoning practice so requires
3. Application Filing, Processing and Hearing
An application for Zone Change must be filed, processed, and heard pursuant to Sec. 1110.D.1. (Legislative Actions).
4. Findings and Decision
A Zone Change, or amendment thereto, must be acted upon by the Approving Authority based upon the information provided in the submitted application, evidence presented in the Planning Division’s written report, and testimony provided during the public hearing, only after considering and clearly establishing all of the below-listed findings, and giving supporting reasons for each finding. The application must be denied if one or more of the below-listed findings cannot be clearly established. a. The proposed Zone Change is consistent with the goals, policies, plans and exhibits of the General Plan;
b. The proposed Zone Change would not be detrimental to the public interest, health, safety, convenience, or general welfare of the City;
c. The proposed Zone Change will not adversely affect the harmonious relationship with adjacent properties and land uses; and
d. The subject site is physically suitable, including, but not limited to, parcel size, shape, access, and availability of utilities, for the request and anticipated development.
5. Pre-Zoning of Unincorporated Territory
The pre-zoning of unincorporated territory within the sphere of influence of the City may be initiated by the Planning Commission on its own motion, or by the City Council in the form of a request to the Planning Commission that it consider the pre-zoning, or by a petition of the owner or owners of land in the unincorporated territory proposed to be pre-zoned. A Pre-zone must be completed pursuant to the California Government Code (Sec. 65859.) and this Section and must become effective at the same time annexation of territory to the City becomes effective. 11-38 Zoning & Development Code | Pomona, California DRAFT May 16, 2024 Part 11 | Administration Specific Plan Amendment
1150.G. Specific Plan Amendment
1. Purpose
To establish procedures for adopting, amending, supplementing, or changing Specific Plans.
2. Authority
a. Pursuant to the California Government Code (Sec. 65450 et seq.), the City Council may, by ordinance or resolution, and upon written recommendation of the Planning Commission, adopt, amend, supplement or change a specific plan.
b. A Specific Plan and any amendments thereto, adopted pursuant to this Section, must be enforceable in the same manner and to the same extent as any other provision of this Zoning Code.
3. Application Filing, Processing and Hearing
An application for Specific Plan adoption or amendment must be filed, processed and heard pursuant to Sec. 1110.D.1. (Legislative Actions).
4. Findings and Decision
A Specific Plan, or amendment thereto, must be acted upon by the Approving Authority based upon the information provided in the submitted application, evidence presented in the Planning Division’s written report, and testimony provided during the public hearing, only after considering and clearly establishing all of the below-listed findings, and giving supporting reasons for each finding.
The application must be denied if one or more of the below- listed findings cannot be clearly established.
a. The proposed Specific Plan, or amendment thereto, is consistent with the goals, policies, plans and exhibits of the General Plan;
b. The proposed Specific Plan, or amendment thereto, would not be detrimental to the public interest, health, safety, convenience, or general welfare of the City; c. In the case of an application affecting specific property(ies), the proposed Specific Plan, or amendment thereto, will not adversely affect the harmonious relationship with adjacent properties and land uses; and
d. In the case of an application affecting specific property(ies), the subject site is physically suitable, including, but not limited to, parcel size, shape, access, and availability of utilities, for the request and anticipated development.
DRAFT May 16, 2024 Pomona, California | Zoning & Development Code 11-39 Billboard Relocation Part 11 | Administration
Sec. 1160. Discretionary Review
1160.A. Purpose
To prescribe procedures for the consideration of discretionary review. A discretionary reviews, as established by Sec. 1100.A. (Summary of Review Authority), includes projects that require the exercise of judgment or deliberation when making a decision to approve, conditionally approve, or deny a particular activity.
1160.B. Applicability
The Reviewing Authorities prescribed by Sec. 1100.A. (Summary of Review Authority), must consider a discretionary permit or action pursuant to the general provisions prescribed by Sec. 1110. (Application Filing and Processing), and the provisions of this Section that are appropriate to the discretionary permit or action being considered.
1160.C. Billboard Relocation
1. Purpose
To establish procedures for the removal of nonconforming billboards or off-site signs.
2. Applicability
Any nonconforming billboard, including any off-site advertising sign or billboard which:
a. Was lawfully constructed but is now outside an eligible display area, as defined by Sec. 630. (Signs);
b. Was erected within an eligible display area without obtaining the required conditional use permit and development;
c. Is erected outside an eligible display area with appropriate building permits, conditional use permit, or other requirements as set forth by law or this Code; or d. Is nonconforming or became non-conforming through annexation, zone change, or other provisions of this Code.
3. Authority
a. Any nonconforming billboard must be removed within the the useful life adopted for such sign for the purpose of depreciation under the Internal Revenue Code of 1954 (Sec. 167.). b. Notwithstanding any other provision of this Section, any sign owner or sponsor may allocate a sign area authorized by this Code to a noncommercial message.
4. Application Filing, Processing and Hearing
a. An application for Billboard Relocation must be filed, processed and heard pursuant to Sec. 1110.D.2. (Discretionary Permits and Actions).
11-40 Zoning & Development Code | Pomona, California DRAFT May 16, 2024 Part 11 | Administration Conditional Use Permit
b. Burden of Proof
In addition to the information required in the application, the applicant must substantiate to the satisfaction of the Approving Authority the following:
1. That to require discontinuation and removal of the sign in question would impair the property rights of any person to such an extent as to be an unconstitutional taking of property; and
2. That such sign does not now and will not during any extension period requested jeopardize, endanger or otherwise constitute a menace to the public health, safety or general welfare.
5. Findings and Decision
a. The Approving Authority must not approve an application for the extension of time from which to discontinue and remove a nonconforming billboard or off-site sign or grant any other remedy requested by the applicant unless they find the burden of proof set forth in Sec. 1170.C.4.b. (Burden of Proof) has been met by the applicant.
b. The Approving Authority must, within 15 days from the date the hearing is closed, file a written decision. Such decision must contain a brief summary of the evidence considered and state the Approving Authority's findings and decision(s), and must set forth that it is subject to California Code of Civil Procedure (Sec. 1094.6.).
1160.D. Conditional Use Permit
1. Purpose
The purpose of this Section is to establish a procedure to ensure that a degree of compatibility is maintained with respect to certain uses on certain properties, due to their nature, intensity or size, or to compensate for variations and degrees of technological processes and equipment as related to the generation of noise, smoke, dust, fumes, vibration, odors and other practical hazards.
2. Applicability
a. Pursuant to Sec. 1100.A. (Summary of Review Authority), the Approving Authority, as applicable, is hereby empowered to approve, approve in modified form, or deny a Conditional Use Permit, and to impose reasonable conditions upon the approval of the application. b. Conditional Use Permit approval must be required prior to:
1. The establishment of those land uses, activities and facilities so identified in Sec. 5XX. (Allowed Uses); and
2. The alteration/expansion of an existing use or structure which requires a Conditional Use Permit pursuant to this Section.
3. Application Filing, Processing and Hearing
A Conditional Use Permit application must be filed, processed, and heard pursuant to Sec. 1110. (Application Filing and Processing) and the provisions of this Section.
DRAFT May 16, 2024 Pomona, California | Zoning & Development Code 11-41 Conditional Use Permit Part 11 | Administration
4. Findings and Decision
A Conditional Use Permit must be acted upon by the Approving Authority based upon the information provided in the submitted application, evidence presented in the Planning Division’s written report, and testimony provided during the public hearing, only after considering and clearly establishing all of the below-listed findings, and giving supporting reasons for each finding. The application may be approved if all of the following findings are made:
a. The scale and intensity of the proposed use would be consistent with the scale and intensity of land uses intended for the particular zoning district or use module as indicated in the General Plan.
b. The proposed use at the proposed location, and the manner in which it will be operated and maintained, is consistent with the goals, policies, plans and exhibits of the General Plan. c. The proposed use at the proposed location, and the manner in which it will be operated and maintained, is consistent with the objectives and requirements of this Zoning and Development Code and any applicable specific plan.
d. The establishment, maintenance, and operation of the proposed use at the proposed location would not be detrimental or injurious to property and improvements within the vicinity, nor would it be detrimental to the health, safety, or general welfare of persons residing or working in the surrounding neighborhood.
e. The establishment, maintenance, and operation of the proposed use at the proposed location would not create cumulative impacts that are detrimental or injurious to property and improvements within the vicinity, nor would it be detrimental to the health, safety, or general welfare of persons residing or working in the surrounding neighborhood.
5. Conditions of Approval
a. In approving a Conditional Use Permit, the Approving Authority, persuant to the California Government Code (Sec. 65909.), may require certain safeguards and impose certain conditions established to ensure that the purposes of this Zoning and Development Code are maintained; ensure that the project will not endanger the public health, safety or general welfare; ensure that the project will not result in any significant environmental impacts; ensure that the project will be in harmony with the area in which it is located; and ensure that the project will be in conformity with the General Plan and any applicable specific plan. b. The conditions imposed on Conditional Use Permits reasonably related to the project impacts may include, but are not limited to, provisions concerning use, height, area, yards, open spaces, setbacks, parking, loading, signs, improvements (public and private), site design, operational characteristics, use compatibility, general character, appearance, environmental impact, time limits for commencement or termination of the construction or use authorized, revocation and use termination dates, and other conditions the Approving Authority may deem appropriate and necessary to carry out the purposes of the Zoning and Development Code. c. A copy of the approving decision or resolution, and related conditions of approval (if any) issued by the Approving Authority must be maintained on site and must be made available for inspection upon demand by a City representative.
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d. A Conditional Use Permit must only apply to the approved particular use on a particular property, which may be transferred from one owner of the property to another successive owner of the same property.
e. All conditions of approval or requirements authorized by this Section are enforceable in the same manner and to the same extent as any other applicable requirement of this Zoning and Development Code.
6. Action by Applicant Following Approval
a. Conditional Use Permit Modification/Revision
1. Conditional Use Permits and/or their conditions of approval may be modified/revised upon application by a project proponent or property owner if different from the proponent. The request must be submitted to the Planning Division on a City application form pursuant to Sec. 1110. (Application Filing and Processing).
2. Modifications/revisions to an approved plan or conditions of approval that, in the opinion of the Planning Manager, are not minor in nature, must be processed as a Modified Conditional Use Permit, following the procedures set forth in this Section for Conditional Use Permit approval, except that modification/revision approval must not alter the expiration date established by the original application approval.
b. Voluntary Surrender of a Conditional Use Permit
A Conditional Use Permit approved pursuant to this Zoning and Development Code may be voluntarily surrendered, in writing, by the affected property owner pursuant to Sec. 1140.B.1.c. (Revocation or Termination Due to Abandonment of Use).
7. Action by City Following Approval
a. Modification
The Approving Authority must have authority to add, delete, or modify conditions of approval imposed upon a previously granted Conditional Use Permit, based upon one or more of the following circumstances:
1. The Conditional Use Permit granted is being, or has recently been exercised contrary to the terms and/or conditions of application approval;
2. The Conditional Use Permit granted is being, or has recently been exercised in violation of a federal, State or City statute, ordinance, law, or regulation; and/or
3. The Conditional Use Permit granted was exercised in a way that is detrimental to the public peace, health, safety, or welfare, or constitutes a nuisance. b. Revocation
1. The Approving Authority must have authority to revoke a Conditional Use Permit, based upon one or more of the following findings:
i. The Conditional Use Permit approval was obtained by fraud; DRAFT May 16, 2024 Pomona, California | Zoning & Development Code 11-43 Conditional Use Permit Part 11 | Administration
ii. The Conditional Use Permit granted is being, or has recently been exercised contrary to the terms and/or conditions of application approval;
iii. The Conditional Use Permit granted is being or has been exercised in violation of a federal, State or City statute, ordinance, law, or regulation; and/or iv. The Conditional Use Permit granted was exercised in a way that is detrimental to the public peace, health, safety, or welfare, or constitutes a nuisance.
2. The Approving Authority’s action to revoke a Conditional Use Permit must have the effect of terminating the permit and denying the privileges granted by the original approval and any subsequent modifications.
c. Revocation or Termination Due to Abandonment of Use
1. A Conditional Use Permit granting a land use, upon substantial evidence established, that is not being exercised, has ceased to exist, or has been suspended for more than 180 consecutive days, may be deemed to be abandoned (cause of action) and may be revoked or terminated solely on the basis of its abandonment.
2. The Approving Authority may determine a conditional use permit to be abandoned, based upon if one or more of the following findings:
i. The Conditional Use Permit has not had an active business license in more than 180 consecutive days;
ii. The Conditional Use Permit failed to obtain the necessary state or federal licensing; iii. The Conditional Use Permit failed to obtain and finalize the necessary building permits required for said land use;
iv. The Conditional Use Permit was never exercised and the land use was never established according but not limited to the following records: business license, building permit, utility bills, other state or federal licensing required for said use; d. Surrender Confirmation Due to Abandonment of Use
1. The Approving Authority or Property Owner may initiate the surrender and termination of a Conditional Use Permit when sufficient grounds exist, which clearly demonstrate abandonment of the use granted.
2. The Approving Authority may determine a conditional use permit to be abandoned, based upon if one or more of the following findings pursuant to Sec. 1140.B.1.c. (Revocation or Termination Due to Abandonment of Use).
8. Action by City Following Approval Procedures
a. Initiation
1. Modification or Revocation
i. Discussion Item Scheduling and Notification
In order to determine that the reasonable grounds Sec. 1140.B. (Applicability) exist to initiate a permit or certificate modification or revocation, the City must: schedule a 11-44 Zoning & Development Code | Pomona, California DRAFT May 16, 2024 Part 11 | Administration Conditional Use Permit
discussion item before the Approving Authority; and serve the affected applicant(s) and property occupant(s), and property owner if different from the applicant(s) or property occupant(s), with a Notice of Commencement of Modification/Revocation Consideration. The notice must be sent by certified mail at least 10 days prior to the meeting date of the discussion item, and must contain the following minimum information:
a) A description of the subject property, including street address, Assessor Parcel Number(s) or legal description;
b) The name(s) of the owner, and name(s) of occupants if different from the owner; c) The project file number and date of issuance;
d) A description of the authorized land use or development entitlement, or discretionary administrative permit;
e) Statements supporting one or more of the causes of action contained in Sec. 1140.B. (Applicability);
f) A statement that the Approving Authority will hold a discussion item within 60 days following the date of the Notice, to determine whether sufficient cause exists and that the Approving Authority, at the conclusion of the discussion item, may hold a hearing to either revoke the entitlement or permit, or take other action as deemed appropriate to ensure entitlement or permit compliance; g) A statement that the applicant, owner, and/or occupant may appear in person and/ or be represented by legal counsel, may present oral and documentary evidence, and may call witnesses and may ask questions of witnesses called on behalf of the City; and
h) The date, time, and place of the discussion.
ii. Discussion Item Conclusion
At the conclusion of the discussion item, if the Approving Authority determines reasonable grounds exist to initiate a permit or certificate modification or revocation, the Approving Authority must direct staff to schedule a hearing pursuant to Sec. 1140.C.1.b.2. (Public Hearing).
2. Surrender
i. In order to initiate the surrender and termination of a Conditional Use Permit, the application shall be submitted by the property owner or the property owner shall provide consent to the Approving Authority to initiate the surrender of a Conditional Use Permit when sufficient grounds exist, which clearly demonstrate abandonment of the use granted.
ii. Public Hearing
Upon determination that reasonable grounds exist to initiate a permit or certificate modification, revocation, or surrender, the City must: schedule a hearing before the Approving Authority, which must be noticed pursuant to Sec. 1120. (Public Hearings), based upon the type of application being considered. If Sec. 1120. (Public Hearings) DRAFT May 16, 2024 Pomona, California | Zoning & Development Code 11-45 Conditional Use Permit Part 11 | Administration
does not require public notification for the application type being considered, no public notice must be required for the modification/revocation hearing; and serve the affected applicant(s) and property occupant(s), and property owner if different from the applicant(s) or property occupant(s), with a Notice of Commencement of Modification/ Revocation Proceedings. The notice must be sent by certified mail at least 10 days prior to the public hearing date, and must contain the following minimum information:
a) A description of the subject property, including street address, Assessor Parcel Number(s) or legal description;
b) The name(s) of the owner, and name(s) of occupants if different from the owner; c) The project file number and date of issuance;
d) A description of the authorized land use or development entitlement, or discretionary administrative permit;
e) Statements supporting one or more of the causes of action contained in Sec. 1140.B. (Applicability);
f) A statement that the Approving Authority will hold a public hearing within 60 days following the date of the Notice, to determine whether sufficient cause exists and that the Approving Authority, at the conclusion of the hearing, may either revoke the entitlement or permit, or take other action as deemed appropriate to ensure entitlement or permit compliance;
g) A statement that the applicant, owner, and/or occupant may appear in person and/ or be represented by legal counsel, may present oral and documentary evidence, and may call witnesses and may ask questions of witnesses called on behalf of the City; and
h) The date, time, and place of the public hearing.
iii. Hearing
a) The modification, revocation, or surrender must be heard and acted upon pursuant to the procedures for public hearings contained in Sec. 1120. (Public Hearings). b) At the conclusion of the hearing, the Approving Authority may take appropriate action to ensure permit or certificate compliance, including the addition, deletion, or modification of conditions of approval, or revocation of the permit or certificate. iv. Decision and Notice to Property Owner
a) Within 45 days following the conclusion of the hearing, the Approving Authority must render a decision and must mail notice of the decision, including facts and reasons supporting the causes of action, to the property owner and property occupant, if different from the property owner, and any other interested persons that have filed a written request for the notice.
b) The decision of the Approving Authority to modify or revoke an approved discretionary permit or action must be final and conclusive in the absence of an appeal filed pursuant to Sec. 1130. (Appeals).
11-46 Zoning & Development Code | Pomona, California DRAFT May 16, 2024 Part 11 | Administration Temporary Use Permit
1160.E. Temporary Use Permit
1. Purpose
To establish a procedure for the control and regulation of land use activities that are of a temporary nature which may adversely affect the public health, safety, and welfare as well as to ensure that temporary uses will be compatible with surrounding land uses, to protect the rights of adjacent residents and land owners, and to minimize any adverse effects on surrounding properties and the environment.
2. Applicability
a. Pursuant to Sec. 1100.A. (Summary of Review Authority), the Approving Authority, as applicable, is hereby empowered to approve, approve in modified form, or deny a Temporary Use Permit, and to impose reasonable conditions upon the approval of the application. b. Temporary Use Permit approval must be required prior to the establishment of those temporary land uses, activities and facilities so identified in Sec. 560. (Temporary Uses and Structures) or as otherwise required by this Code.
3. Application Filing, Processing and Hearing
A Temporary Use Permit application must be filed, processed, and heard pursuant to Sec. 1110. (Application Filing and Processing) and the provisions of this Section.
4. Findings and Decision
A Temporary Use Permit must be acted upon by the Approving Authority based upon the information provided in the submitted application and only after considering and clearly establishing all of the below-listed findings, and giving supporting reasons for each finding. The application must be denied if one or more of the below-listed findings cannot be clearly established. a. The proposed temporary use will be located, operated, and maintained in a manner consistent with the policies of the General Plan and the provisions of the zoning ordinance. b. Approval of the application will not be detrimental to property or improvements in the surrounding area or to the public health, safety or general welfare. c. The proposed temporary use complies with the various provisions of this ordinance. d. All building, electric, plumbing, fire, encroachment or other permits required by city ordinances shall be obtained.
5. Conditions of Approval
a. In approving a Temporary Use Permit, the Approving Authority may impose certain safeguards and standards to ensure that the purposes of this Code are maintained; ensure that the permit will not endanger the public health, safety or general welfare; ensure that the permit will not result in any significant environmental impacts; ensure that the permit will be in harmony with the area in which it is located; and ensure that the permit will be in conformity with the General Plan and any applicable specific plan.
DRAFT May 16, 2024 Pomona, California | Zoning & Development Code 11-47 Variance Part 11 | Administration
b. The standards and requirements authorized by this Section are enforceable in the same manner and to the same extent as any other applicable requirement of this Development Code. c. A copy of the approved Temporary Use Permit must be maintained on site for the duration of the use, activity, or facility authorized, and must be made available for inspection upon demand by a City representative.
1160.F. Variance
1. Purpose
The City’s authority to grant a Variance from the development regulations contained in this Zoning and Development Code is authorized by the California Government Code (Sec. 65906.), which provides that in cases where special circumstances applicable to a property exist, and the strict application of the development regulations deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning classification, the City may allow deviation from the strict application of the development regulations.
2. Applicability
a. Pursuant to Sec. 1100.A. (Summary of Review Authority), the Approving Authority, is hereby empowered to approve, approve in modified form, or deny a Variance application, and to impose reasonable conditions upon the approval of the application. b. A Variance may be approved to allow deviation from any numerical development standard established by this Zoning and Development Code with respect to minimum and/or maximum dimension, area, mass, and quantity, except that a Variance must not be granted for increases in maximum density or floor area ratio.
c. A variance must not be approved on a lot that authorizes a use or activity that is not otherwise expressly authorized by the zoning district governing the affected lot, nor must the power to approve a Variance extend to any public health or safety standard, as this authority has been precluded by state laws.
3. Application Filing, Processing and Hearing.
A Variance application must be filed, processed, and heard pursuant to Sec. 1110. (Application Filing and Processing) and the provisions of this Section.
4. Findings and Decision.
A Variance must be acted upon by the Approving Authority based upon the information provided in the submitted application, evidence presented in the Planning Division’s written report, and testimony provided during the public hearing, only after considering and clearly establishing all of the below-listed findings, and giving supporting reasons for each finding. The application must be denied if one or more of the below-listed findings cannot be clearly established. a. The strict or literal interpretation and enforcement of the specified regulation would result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of the development regulations contained in this Zoning and Development Code; 11-48 Zoning & Development Code | Pomona, California DRAFT May 16, 2024 Part 11 | Administration Development Plan
b. There are exceptional or extraordinary circumstances or conditions applicable to the property involved, or to the intended use of the property, that do not apply generally to other properties in the vicinity and in the same zoning district;
c. The strict or literal interpretation and enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of other properties in the same zoning district; d. The granting of the Variance will not be detrimental to the public health, safety or welfare, or be materially injurious to properties or improvements in the vicinity. e. The proposed Variance is consistent with the goals, policies, plans and exhibits of the General Plan, and the purposes of any applicable specific plan, and the purposes of this Zoning and Development Code.
5. Conditions of Approval
a. In approving a Variance, the Approving Authority, as applicable, may require certain safeguards and impose certain conditions established to ensure that the purposes of this Zoning and Development Code are maintained; ensure that the project will not endanger the public health, safety or general welfare; ensure that the project will not result in any significant environmental impacts; ensure that the project will be in harmony with the area in which it is located; and ensure that the project will be in conformity with the General Plan and any applicable specific plan(s).
b. All conditions or requirements authorized by this section are enforceable in the same manner and to the same extent as any other applicable requirement of this Zoning and Development Code.
1160.G. Development Plan
1. Purpose
a. To establish a review process whereby the integrity and character of the physical fabric of the City will be protected in a manner consistent with the goals and policies of the General Plan.
This is ensured through the review of:
1. The suitability of building location;
2. Location and design of off-street parking and loading facilities;
3. Location, design and dedication of streets and alleys (public and private facilities);
4. Location and design of pedestrian and vehicular entrances and exits;
5. Location, design, materials and colors of walls and fences;
6. Location, design, size, and type of landscaping (public and private facilities);
7. Location, design, and materials of hardscape areas, such as patios, sidewalks and walkways (public and private facilities);
8. Drainage and off-site improvements (public and private facilities);
9. Compatibility with the surrounding area;
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10. Exterior building architectural design, materials and colors;
11. Quality of proposed design and construction;
12. Location, type, design, colors, and materials of signs; and
13. Any conditions affecting the public health, safety, welfare, and general aesthetic of the community.
b. Protect and preserve the value of properties and to encourage high quality development throughout the City, whereas adverse effects would otherwise result from excessive uniformity, dissimilarity, poor exterior quality and appearance of buildings and structures; inadequate and poorly planned landscaping; and failure to preserve, where feasible, natural landscape features, and open spaces.
c. Recognize the interdependence of land values and aesthetics, and to provide a method to implement this interdependence in order to maintain the values of surrounding properties and improvements consistent with the General Plan, with due regard to the public and private interests involved.
d. Ensure that the public benefits derived from expenditures of public funds for improvement and beautification of streets and public facilities are protected by the exercise of reasonable controls over the character and design of private buildings, structures, parking and loading facilities, landscaped areas, recreation amenities and open spaces. e. Ensure the design of landscaping and irrigation that shades parking facilities and other paved areas, buffers or screens undesirable views and compliments building architecture and overall site design.
f. Ensure reasonable controls over the character, design and location of signs, and the appropriate use of well-designed signs that complement the architecture of surrounding buildings, while considering the public and private interests involved and the exercise of control over the undesirable use of excessive signage.
2. Applicability
a. Pursuant to Sec. 1100.A. (Summary of Review Authority), the Approving Authority is hereby empowered to approve, approve in modified form, or deny a Development Plan application, and to impose reasonable conditions upon a Development Plan approval. b. Development Plan approval must be required for the physical alteration of a lot, the construction of a building, or the addition or significant alteration of an existing building, as follows:
11-50 Zoning & Development Code | Pomona, California DRAFT May 16, 2024 Part 11 | Administration Development Plan
District Projects
Residential Neighborhood Districts (RND)
New construction of 4 or more housing units
OR
New non-residential construction greater than
22,500 square feet (cummulative)
Urban Neighborhood Districts (UND)
Activity Center Districts (ACD)
Transit Oriented Districts (TOD)
Workplace Districts (WD)
Special Campus Districts (SCD)
Parkland Districts (PLD)
Neighborhood Edge Districts (NED)
New construction of housing units on a
property that is greater one acre in usable size
OR
New non-residential construction greater than
22,500 square feet (cummulative)
c. A Development Plan must remain in effect for the life of the affected development project, which must be developed and maintained in conformance with the plans as approved by the Approving Authority and must be maintained on file with the City.
3. Application Filing, Processing and Hearing
A Development Plan application must be filed, processed and heard pursuant to Sec. 1110. (Application Filing and Processing) and the provisions of this Section.
4. Findings and Decision
A Development Plan must be acted upon by the Approving Authority based upon the information provided in the submitted application, evidence presented in the Planning Division’s written report, and testimony provided during the public hearing, only after considering and clearly establishing all of the below-listed findings, and giving supporting reasons for each finding. The application must be denied if one or more of the below- listed findings cannot be clearly established. a. The proposed development at the proposed location is consistent with the goals, policies, plans and exhibits of the General Plan;
b. The proposed development is compatible with those on adjoining sites in relation to location of buildings, with particular attention to privacy, views, any physical constraint identified on the site and the characteristics of the area in which the site is located; c. The proposed development will complement and/or improve upon the quality of existing development in the vicinity of the project and the minimum safeguards necessary to protect the public health, safety and general welfare have been required of the proposed project; d. The proposed development is consistent with the development standards and design guidelines set forth in the Zoning and Development Code, or applicable specific plan or planned unit development.
DRAFT May 16, 2024 Pomona, California | Zoning & Development Code 11-51 Wireless Telecommunications Facility Permit Part 11 | Administration
5. Conditions of Approval
a. In approving a Development Plan application, the Approving Authority may require certain safeguards and impose certain conditions established to ensure that the purposes of this Zoning and Development Code are maintained; ensure that the project will not endanger the public health, safety or general welfare; ensure that the project will not result in any significant environmental impacts; ensure that the project will be in harmony with the area in which it is located; and ensure that the project will be in conformity with the General Plan and any applicable specific and/or area plan(s).
b. Conditions of approval imposed upon a Development Plan approval may include, but is not limited to, provisions concerning building height, bulk or mass; setbacks; lot coverage; lighting; private and common open space, and/or recreation amenities; screening, including garages, trash receptacles, mechanical and roof-mounted equipment and appurtenances; landscaping; walls and fences; vehicular parking, access and circulation; pedestrian circulation; on-site security; grading; street dedication and improvements (public and private); on and off-site public improvements (public and private) necessary to service the proposed development; project timing/phasing; loading and outdoor storage; architectural treatment; signage; vehicular trip reduction; graffiti removal; sound attenuation; reparation and recordation of covenants, conditions and restrictions, mutual access agreements, maintenance agreements and other similar agreements; property disclosure pursuant to the California Businesse and Professions Code (Sec. 11000 et seq.); and other conditions the Approving Authority may deem appropriate and necessary to carry out the purposes of the Zoning and Development Code. c. All conditions of approval or requirements authorized by this Section are enforceable in the same manner and to the same extent as any other applicable requirement of this Zoning and Development Code.
1160.H. Wireless Telecommunications Facility Permit
1. Purpose
The purpose of this Section is to establish a procedure to ensure that a degree of compatibility is maintained with respect to certain uses on certain properties, due to their nature, intensity or size, or to compensate for variations and degrees of technological processes and equipment as related to the generation of noise, smoke, dust, fumes, vibration, odors and other practical hazards.
2. Applicability
a. Pursuant to Sec. 1100.A. (Summary of Review Authority), the Approving Authority, as applicable, is hereby empowered to approve, approve in modified form, or deny a Wireless Telecommunications Facility Permit, and to impose reasonable conditions upon the approval of the application.
b. Wireless Telecommunications Facility Permit approval must be required prior to the establishment or expansion as identified in Sec. 520. (Allowed Uses), and Sec. 540. (Use Standards).
11-52 Zoning & Development Code | Pomona, California DRAFT May 16, 2024 Part 11 | Administration Wireless Telecommunications Facility Permit
3. Application Filing, Processing, and Hearing
A Wireless Telecommunications Facility Permit application must be filed, processed, and heard pursuant to Sec. 1110. (Application Filing and Processing) and the provisions of this Section. The application at minimum must include the following information and documentation:
a. Applicant Information
1. The name, business address, telephone number, fax number and, if available, e-mail address of the applicant or co-applicants.
2. The following persons must be identified as applicants/co-applicants on any application form:
i. The property owner;
ii. The wireless service provider who will use the proposed wireless facility, wireless transmission device and any related support structures and accessory equipment; and iii. The wireless facility owner, if different from either the property owner or the wireless service provider.
b. Project Location
The street address and assessor's parcel number of the real property where the wireless facility, wireless transmission device, support structures and/or accessory equipment will be located. c. Property Easements
The location and description of all easements, including public utility easements, encumbering the real property parcel where the wireless facility, wireless transmission device, support structures and/or accessory equipment will be located.
d. Coverage and Other Service Objectives
1. A general summary of those specific service objectives which the applicant seeks to attain or address through its proposal, (e.g., whether it is to add additional network capacity; increase existing signal strength; or provide new radio frequency coverage);
2. A general summary of the nature, location and geographic boundaries of any purported gap in network coverage and a summary of the scope of such a gap at various locations within its identified geographic boundaries (e.g., whether and where it extends to in-building coverage, in-vehicle coverage and/or outdoor coverage);
3. A general summary of the applicant's good faith efforts to identify, study and evaluate less intrusive alternatives, including the use of less intrusive technologies and equipment; alternative system designs; alternative siting structure types; alternative siting structure design, including stealth facility designs; alternative scale or size; and alternative siting options (e.g., alternative locations within the search ring, collocation opportunities or placement upon alternative siting structures);
4. A general explanation as to why specific circumstances, conditions or other factors render each of the alternatives identified pursuant to Sec. 1170.G.3.d.3., above, incapable of reducing any purported coverage gap to a de minimis level.
DRAFT May 16, 2024 Pomona, California | Zoning & Development Code 11-53 Wireless Telecommunications Facility Permit Part 11 | Administration e. Project Description
1. The specific location within the real property parcel of any proposed wireless facility and any proposed wireless transmission devices, support structures or accessory equipment;
2. A detailed description of the design, shape, color(s), and material composition of any support structures, accessory equipment and antennas or other wireless transmission devices included as part of the proposal;
3. The design and screening treatment selected for the proposal; and
4. Whether any proposed support structures or any existing support structure is structurally suitable and capable of accommodating (i.e., collocating) additional antennas or other wireless transmission devices as well as accessory equipment. f. Maintenance and Monitoring Plan
The applicant must include within any completed application form a description of the anticipated maintenance and monitoring program for the wireless facility, wireless transmission devices, accessory equipment, or support structures proposed. g. Noise and Acoustical Information
An inventory and description of any proposed noise-generating wireless transmission devices and accessory equipment, including, but not limited, to air conditioning units and back-up generators. The description must set forth noise and acoustical information including anticipated decibel levels of noise which would be produced.
h. Disclosure of Removal Costs
For the purpose of establishing the appropriate amount of any performance bond or other security required by Sec. 540. (Use Standards) for the removal of any approved wireless facility, wireless transmission device and related support structures and/or accessory equipment, the applicant shall state the reasonable estimated cost of removing any approved wireless facility, wireless transmission device and related support structures and/or accessory equipment. The applicant must supplement the application with substantial evidence that corroborates its removal cost estimate.
i. Site Plan
1. The precise location within a real property parcel of all proposed wireless facilities, wireless transmission devices, support structures and/or accessory equipment;
2. All existing structures, utilities, lighting, signage, walls, fences, trees, landscaped areas, and other significant natural features, walkways, driveways, parking areas, streets, alleys, easements, and setbacks situated upon the real property parcel where the wireless facility, wireless transmission device, support structures and/or accessory equipment will be located, including, for proposed administrative collocations, a depiction of the existing wireless facility for which collocation is proposed in both "before" and "after" conditions based upon all proposed collocation equipment; and
3. All existing structures, utilities, lighting, signage, walls, fences, trees, landscaped areas, and other significant natural features, walkways, driveways, parking areas, streets, alleys, 11-54 Zoning & Development Code | Pomona, California DRAFT May 16, 2024 Part 11 | Administration Wireless Telecommunications Facility Permit easements, and setbacks situated upon real property parcels immediately adjacent to the subject real property parcel.
j. Elevations and Section Drawings
Elevations and section drawings of the proposed wireless facility and/or all proposed wireless transmission devices, support structures, and accessory equipment. The applicant must also submit composite elevations from the street of all buildings, structures and other improvements on-site.
k. Preliminary Landscape Plan
A preliminary landscape plan which depicts all landscaping and screening. Such plan must:
1. Identify and describe existing surrounding landscaping and landscape vegetation (i.e., trees, shrubs and plants);
2. Identify and describe vegetation to be removed;
3. Depict and describe in terms of type, size and location proposed plantings of new landscape vegetation, and demonstrate how the landscaping and landscape vegetation will be designed and configured to screen wireless facilities, wireless transmission devices, support structures, and accessory equipment from public view or better camouflage stealth-designed facilities, devices and equipment;
4. Describe an irrigation plan for any existing and proposed landscaping surrounding the proposed facilities, devices and equipment and shall demonstrate efforts to incorporate aesthetically compatible drought tolerant varieties of vegetation;
5. Depict a plan for the preservation of existing, un-removed vegetation during construction and installation phases; and
6. Demonstrate the availability of any required irrigation facilities on-site. The requirement for a landscape, screening and landscape irrigation plan is not required for roof-mounted wireless transmission devices and accessory equipment, except that the applicant must still submit a plan demonstrating and depicting any screening of such equipment pursuant to this Section. l. Visual Analysis
Along with a completed application form, each applicant must submit a visual impact analysis including scaled elevation diagrams which:
1. Demonstrates the potential visual impacts of any proposed wireless facility, wireless transmission device, support structure, or accessory equipment;
2. Includes before and after photo simulations from various locations and/or angles from which the public would typically view the site and includes a map depicting where the photos were taken; and
3. Where the installation would be readily visible from the public right-of-way or from surrounding properties, the application shall include an explanation as to why, if screening or other techniques to minimize the visibility are not proposed, such approaches to reduce the visibility of the installation would not be feasible or effective.
DRAFT May 16, 2024 Pomona, California | Zoning & Development Code 11-55 Wireless Telecommunications Facility Permit Part 11 | Administration
4. The Development Services Director or their designee may require a field mock-up to assess any potential visual impact including proper coloration and blending of the facility with the proposed site.
m. Justification Report
Along with a completed application form, the applicant must also submit a justification report which:
1. Describes and explains in detail those specific service objectives which the applicant seeks to attain or address through its proposal, (e.g., whether it is to add additional network capacity; increase existing signal strength; or provide new radio frequency coverage);
2. Describes and depicts the nature, location and geographic boundaries of any purported gap in network coverage and the applicant's corresponding search ring;
3. Describes and depicts the scope of any purported gap in network coverage at various locations within its identified geographic boundaries (e.g., whether and where the gap extends to in-building coverage, in-vehicle coverage and/or outdoor coverage);
4. Includes justification maps which identify the applicant's search ring, the location of alternative sites considered, the location of the proposed site, all existing and approved wireless facilities and/or wireless transmission devices within a one-mile radius of the proposed site and collocation opportunities or alternative site structure opportunities within the search ring;
5. Demonstrates, describes and explains in detail the applicant's good faith efforts to identify, study, evaluate and consider other less intrusive alternatives, including:
i. The use of less intrusive technologies and equipment; ii. Alternative system designs;
iii. Alternative siting structure types;
iv. Alternative siting structure designs, including stealth designs; v. Alternative scale or size; and
vi. Alternative siting options (e.g., alternative locations within the search ring, collocation opportunities or placement upon alternative siting structures);
6. Explains how specifically identified circumstances, physical conditions or other factors render each of the other alternatives identified, studied, evaluated and considered incapable of reducing any purported coverage gap to a de minimis level;
7. Explains why and how the proposal for which the applicant seeks approval is the least intrusive means in terms of feasible technology, system design, aesthetic design, size, scale and location for reducing any purported coverage gap to a de minimis level. n. Propagation and Coverage Reports
1. The justification report must be accompanied by a radio frequency engineer's propagation and coverage report and corresponding maps which identify, describe and depict:
11-56 Zoning & Development Code | Pomona, California DRAFT May 16, 2024 Part 11 | Administration Wireless Telecommunications Facility Permit i. The location and geographic scope of any purported gap in network coverage; and ii. The nature and scope of the coverage gap (e.g., whether it extends to in-door, in-vehicle and/or outdoor service and/or whether it is the result of inadequate network capacity).
2. Signal level indicators on maps must show specific power levels on the map in colors easily distinguishable from the base paper or transparency layer and must be adequately identifiable by radio frequency (RF) level in dBm and map color or gradient in the map legend.
3. The applicant must submit maps depicting existing coverage; the coverage provided by the proposal excluding existing coverage; and existing coverage combined with the coverage provided by the proposal.
4. The propagation and coverage report and corresponding maps must be prepared by a qualified and duly licensed radio frequency engineer.
o. Narrative Description and Map of Other Facilities
A narrative description and map disclosing and depicting the exact location and type of all existing wireless facilities and wireless transmission devices, including support structures, and accessory equipment owned and/or used by the applicant to provide coverage within any portion of the city whether or not such facilities, devices, structures or equipment are located within the city or outside of the city.
p. FCC and CPUC Approvals
1. Copies of all valid and applicable licenses, permits or other approvals required by the FCC or the California Public Utilities Commission ("CPUC") for the use, operation and maintenance, construction and placement of the wireless facility, wireless transmission device(s), support structure(s), and accessory equipment for which approval is sought.
2. If no such licenses, permits or other approvals are required of the applicant by the FCC or the CPUC, the applicant must explain and declare under penalty of perjury the reason why such licenses, permits or other approvals are not required.
q. Radio Frequency Emissions and Signal Interference Analysis Along with a completed application form, each applicant must submit a written analysis prepared by a qualified and duly licensed radio frequency engineer which:
1. Determines and states the power rating for all wireless transmission devices and accessory equipment included in the applicant's proposal;
2. Provides a description of the specific services that the applicant proposes to offer or provide in conjunction with the proposed wireless facility or wireless transmission device;
3. Verifies that the proposal, including all wireless transmission devices and accessory equipment conform to the non-ionizing electromagnetic radiation ("NIER") standards adopted by the FCC;
4. Confirms that the use and operation of all proposed wireless transmission devices and accessory equipment will not exceed adopted FCC standards, including, but not limited to, FCC requirements that power densities in inhabited areas not exceed the FCC's Maximum DRAFT May 16, 2024 Pomona, California | Zoning & Development Code 11-57 Wireless Telecommunications Facility Permit Part 11 | Administration Permissible Exposure ("MPE") limits for electric and magnetic field strength and power density for transmitters. Such analysis must:
i. Address both the individual impact of any proposed wireless transmission device and accessory equipment, as well as their cumulative impact:
a) If collocated upon a single support structure or alternative siting structure; b) If placed upon a real property parcel already containing a wireless facility, wireless transmission devices, and/or accessory equipment; or
c) If placed upon a real property parcel immediately adjacent to another real property parcel containing a wireless facility, wireless transmission device, and/or accessory equipment;
5. Describes all appropriate operating parameters and maintenance requirements necessary to comply with all applicable FCC standards, including radio frequency emissions standards and standards relating to signal interference with consumer electronic products and/or public safety communications;
6. Confirms that all proposed wireless transmission devices and accessory equipment will be operated in a manner that complies with FCC regulations regarding radio frequency emissions and standards relating to signal interference with consumer electronic products and/or public safety communications;
7. In addition its technical narrative and discussion of the issues to be addressed, the analysis must also include a nontechnical executive summary presented in a concise and easyto-read format that clearly explains in a nontechnical manner the current site conditions, conditions with the proposed wireless facility, wireless transmission devices and/or accessory equipment included and FCC thresholds as they relate to all applicable emissions standards. r. Collocation Agreement
1. Each application proposing the construction of a new monopole, lattice tower, or guyed structure must include a signed statement whereby the applicant agrees, as a condition to any approval, to permit the collocation upon the support structure to accommodate additional wireless transmission devices and accessory equipment.
2. The application must also include a signed statement whereby the applicant agrees, as a condition of any approval, to refrain from entering into any exclusive agreement(s) or arrangement(s) that would prevent the type of collocation contemplated under this section.
4. Findings and Decision
a. A Wireless Communications Facility Permit must be acted upon by the Approving Authority based upon the information provided in the submitted application, evidence presented in the Planning Division’s written report, and testimony provided during the public hearing, only after considering and clearly establishing all of the below-listed findings, and giving supporting reasons for each finding.
b. The application must be denied if one or more of the below-listed findings cannot be clearly established.
11-58 Zoning & Development Code | Pomona, California DRAFT May 16, 2024 Part 11 | Administration Wireless Telecommunications Facility Permit
1. The Wireless Communications Facility permitee has demonstrated to the City a good faith effort to locate on an approved facility or has demonstrated that colocation is not technically feasible due to coverage needs, potential interference, or other technical issues.
2. There is adequate space on the property for the antenna and support equipment without conflicting with existing buildings or other structures on the property, or reducing required parking, landscaping setbacks or other development standards.
3. The wireless communication facility is designed in a manner as to eliminate the possibility of any adverse visual impacts on the neighboring uses.
4. The design and placement of the antenna and support equipment will not adversely impact the use of the property, other buildings and structures located on the property, or the surrounding area or neighborhood.
5. The antenna and support equipment as proposed are consistent with the intent of this section and comply with the operational standards and any applicable special sections.
6. The applicant has demonstrated that the wireless communications facility will have the least possible visual impact on the environment taking into account technical, engineering, economic and other relevant factors.
DRAFT May 16, 2024 Pomona, California | Zoning & Development Code 11-59 Ministerial Permit Part 11 | Administration
Sec. 1170. Administrative Review
1170.A. Purpose
To prescribe procedures for the consideration of administrative (ministerial) reviews or decisions by the Reviewing Authorities established by Sec. 1100.A. (Summary of Review Authority). Administrative permits and decisions consist of City actions and determinations that involve little or no personal judgment by a public official as to the wisdom or manner of carrying out a project. The public official merely applies the law to the facts as presented but uses no special discretion or judgment in reaching a decision. A ministerial decision involves only the use of fixed standards or objective measurements. 1170.B. Applicability
The Reviewing Authorities established by Sec. 1100.A. (Summary of Review Authority) must consider an administrative review or decision pursuant to the general provisions prescribed by Sec. 1110. (Application Filing and Processing), and the provisions of this Chapter that are specific to each discretionary permit or action stipulated herein.
1170.C. Ministerial Permit
1. Purpose
a. To establish a procedure to ensure that land uses that have been determined to be allowed byright can be reviewed and formally established in an objective, ministerial manner. b. To establish a start date for by-right land uses that can be relied upon to make determinations on questions of nonconformity or cessation of uses, among other considerations. c. To establish regulations that can be referred to in the event that a by-right use is operating contrary to the provisions of this Code and of any applicable special use standards and requires the enforcement of said codes.
d. To establish a process for the revocation of by-right uses in specific, qualifying circumstances.
2. Applicability
a. Pursuant to Sec. 1100.A. (Summary of Review Authority), the Approving Authority, as applicable, is hereby empowered to approve, approve in modified form, or deny a Ministerial Permit, but must not impose conditions upon the approval of the application. b. Ministerial Use Permit approval must be required prior to:
1. The establishment of those land uses, activities and facilities so identified in Sec. 520. (Allowed Uses) as permitted (“P”) or permitted with use standards (“*”), with the exception of Dwelling Unit; and
2. The alteration/expansion of an existing use or structure which requires a Ministerial Permit pursuant to Sec. 1200.A. (Project Activities).
11-60 Zoning & Development Code | Pomona, California DRAFT May 16, 2024 Part 11 | Administration Ministerial Permit
3. Application Filing and Processing and Hearing
A Ministerial Use Permit application must be filed, processed, and approved pursuant to Sec. 1110. (Application Filing and Processing) and the provisions of this Section.
4. Findings and Decision
A Ministerial Use Permit must be acted upon by the Approving Authority based upon the information provided in the submitted application and after a review of all applicable, objective, written use standards and regulations of this Section and Code at the time of a complete application, and must not be approved with findings of fact.
5. Appeal of Ministerial Permit Denial
Appeals of Ministerial Permit denials may be taken to the Approving Authority and must follow the procedures in Sec. 1130. (Appeals).
6. Time Limits
An approved Ministerial Permit is valid for a maximum time period of 12 consecutive months.
Approvals for land use(s) must be renewed annually.
7. Action by Applicant Following Approval
a. Ministerial Permits may be modified/revised upon application by a project proponent or property owner if different from the proponent. The request must be submitted to the Planning Division on a City application form pursuant to Sec. 1110. (Application Filing and Processing). b. Modifications and revisions to an approved Ministerial Permit that, in the opinion of the Planning Manager, are not minor in nature, must be processed as a new Ministerial Permit, following the procedures set forth in this Section for Ministerial Permit approval.
8. Action by City Following Approval
a. Revocation
1. The Approving Authority must have authority to revoke a Ministerial Permit, based upon one or more of the following findings:
i. The Ministerial Permit approval was obtained by fraud; ii. The Ministerial Permit granted is being, or has recently been exercised contrary to applicable City Code and Zoning and Development Code regulations, inclusive of any use standards applicable to said use at the time of approval; iii. The Ministerial Permit granted is being or has been exercised in violation of a Federal, State or City statute, ordinance, law, or regulation; and iv. The Ministerial Permit granted was exercised in a way that is detrimental to the public peace, health, safety, or welfare, or constitutes a nuisance.
DRAFT May 16, 2024 Pomona, California | Zoning & Development Code 11-61 Director Determination Part 11 | Administration
2. The Approving Authority’s action to revoke a Ministerial Permit must have the effect of terminating the permit and denying the privileges granted by the original approval and any subsequent modifications.
1170.D. Alternative Compliance
[Reserved]
1170.E. Director Determination
1. Applicability
Director Determination applies to development projects that includes a proposed use which is not expressly listed or defined in Sec. XX. (Use Definitions).
2. Application Filing, Processing and Hearing
An application for Director Determination must be filed, processed, and heard pursuant to Sec. 1160. (Legislative Review).
3. Findings and Decision
See Sec. 530.A.2. (Determination of Similarity).
4. Appeal of Administrative Decision
Appeals of administrative decisions on an Director Determinations may be taken to the Approving Authority and must follow the procedures in Sec. 1130. (Appeals). 11-62 Zoning & Development Code | Pomona, California DRAFT May 16, 2024 Part 11 | Administration Purpose
Sec. 1180. Subdivision Review
1180.A. Purpose
To prescribe procedures for the consideration of subdivision reviews or decisions by the Reviewing Authorities established by Sec. 1100.A. (Summary of Review Authority), pursuant to the California Subdivision Map Act.
1180.B. Applicability
The Reviewing Authorities established by Sec. 1100.A. (Summary of Review Authority) must consider an subdivision review or decision pursuant to the general provisions prescribed by Sec. 1110. (Application Filing and Processing), and the provisions of this Chapter that are specific to each permit or action stipulated herein.
1180.C. Certificate of Compliance
1. Application Filing, Processing and Hearing
A Certificate of Compliance application must be filed, processed, and heard pursuant to Sec. 1110. (Application Filing and Processing).
2. Findings and Decision
See Sec. 1020.B. (Map Review).
3. Appeal of Final Map and Parcel Map Decision
Appeals of Certificate of Compliance decisions may be taken to the Approving Authority and must follow the procedures in Sec. 1130. (Appeals).
1180.D. Final Map and Parcel Map
1. Application Filing, Processing and Hearing
A Final Map and Parcel Map application must be filed, processed, and heard pursuant to Sec. 1110. (Application Filing and Processing) and the provisions of Sec. 1020.C. (Map Filing).
2. Findings and Decision
See Sec. 1020.B. (Map Review).
3. Appeal of Final Map and Parcel Map Decision
Appeals of Final Map and Parcel Map decisions may be taken to the Approving Authority and must follow the procedures in Sec. 1130. (Appeals).
DRAFT May 16, 2024 Pomona, California | Zoning & Development Code 11-63 Parcel Map Waiver Part 11 | Administration
1180.E. Map Correction and Amendment
1. Application Filing, Processing and Hearing
A Map Correction and Amendment application must be filed, processed, and heard pursuant to Sec. 1110. (Application Filing and Processing) and the provisions of Sec. 1020.G. (Modification of Recorded Final Map).
2. Findings and Decision
See Sec. 1020.B. (Map Review).
3. Appeal of Final Map and Parcel Map Decision
Appeals of Map Correction and Amendment decisions may be taken to the Approving Authority and must follow the procedures in Sec. 1130. (Appeals).
1180.F. Parcel Map Waiver
1. Application Filing, Processing and Hearing
A Parcel Map Waiver application must be filed, processed, and heard pursuant to Sec. 1110. (Application Filing and Processing) and the provisions of Sec. 1020.C. (Map Filing).
2. Findings and Decision
See Sec. 1000.B.1. (Parcel Map (Minor Subdivision).
3. Appeal of Parcel Map Waiver Decision
Appeals of Parcel Map Waiver decisions may be taken to the Approving Authority and must follow the procedures in Sec. 1130. (Appeals).
11-64 Zoning & Development Code | Pomona, California DRAFT May 16, 2024 Part 11 | Administration Additional Requirements
Sec. 1190. Historic Preservation Review
1190.A. Additional Requirements
1. Requests to establish or modify a Historic District or Historic Landmark (-H) may originate with the City Council, the Historic Preservation Commission, the Administrator, any interested citizen, or citizen group. Any application for designation must be submitted In accordance with Section 1310(X)
2. The designation application along with the request for a Zoning and Development Code Amendment processed according to the procedures in this Section and Sec. 1160.D. (Zoning and Development Code Amendment). The Historic Preservation Commission must conduct a preliminary consideration of the proposed area's eligibility based on the standards in this Section. The Historic Preservation Commission will provide a report and recommendation to the City Council on the application.
The Historic Preservation Commission has the authority to recommend the City Council designate properties, therefore, Historic Preservation Commission, not the Planning Commission, must review all applications concerning a zoning map amendment regarding the (-H) Overlay. 1190.B. Designation of Local Historic Landmarks, Districts and Points of Historical Interest
1. Applications for Designation
a. Any person or group, including the City, may request the designation of an Historical Resource as an Historic Landmark, District, or Point of Historical Interest by submitting an application to the City.
b. All Applications shall include:
1. Documentation indicating how the nominated resource meets the applicable designation criteria as determined by the director.
2. As part of the application for historic district designation, the applicant shall provide a set of mailing labels containing the names and addresses of all property owners of properties within the proposed historic district as shown on the latest equalized Los Angeles County assessment rolls.
3. Any other information determined to be necessary for review of the proposed work.
4. Required Fee(s).
2. Notice to Property Owner
When the property owner(s) is not the applicant for the designation, they shall be notified by first class mail.
3. Initial Review
Within thirty 30 days of filing, the Development Services Director shall review all applications for completeness and accuracy before they are accepted as complete.
DRAFT May 16, 2024 Pomona, California | Zoning & Development Code 11-65 Designation of Local Historic Landmarks, Districts and Points of Historical Interest Part 11 | Administration a. Notification of Applicant
1. The applicant shall be informed by a letter that the application is either complete and has been accepted for processing; or that the application is incomplete and that additional information, specified in the letter, must be provided.
2. When an application is incomplete, the time used by the applicant to submit the required additional information shall not be considered part of the time within which the determination of completeness must occur. The time available to an applicant for submittal of additional information is limited by Sec. 1110.G. (Applicant Failure to Complete Application Processing).
b. Expiration of Application
An application will be withdrawn if it is not completed pursuant to Sec. 1110.G. (Applicant Failure to Complete Application Processing).
4. Community Meeting
When a neighborhood is nominated to be a Historic District, a community meeting will be held for the owners of every property proposed to be included in the district to discuss the proposed district.
5. Historic Preservation Commission
The Historic Preservation Commission shall evaluate each application for Landmark, District, or Point of Historical Interest nomination, in accordance with the criteria established in Sec. 800.C.2. (Designations), at a public hearing, and shall decide by majority vote whether to approve any nomination and forward it to the City Council with a recommendation for Historic Designation. a. The Secretary shall set the time and place for such hearings, which may be continued from time to time.
b. The Secretary shall give the applicant and property owner(s) notice of the time, place and purpose of such hearings in writing. Notice shall be postmarked 30 days prior to the hearing. c. Following the Hearing, the Commission shall recommend City Council approval of, or reject, the nomination by resolution. If the Commission votes to nominate the Historic Resource for designation, the Secretary shall forward the nomination to the City Council with a written recommendation for designation. If the Commission votes to reject the nomination, the nomination will not be forwarded to the City Council, unless the decision of the Commission is appealed.
6. City Council
The City Council has sole authority to designate an Historic Resource as an Historic Landmark, Historic District, or Point of Historical Interest:
a. Within 10 days of the Historic Preservation Commission’s nomination, the Secretary shall send a copy of the Historic Landmark or District nomination to the City Clerk. The Clerk or their designee shall set a public hearing at which the City Council shall consider the Commission’s recommendation.
11-66 Zoning & Development Code | Pomona, California DRAFT May 16, 2024 Part 11 | Administration Designation of Local Historic Landmarks, Districts and Points of Historical Interest b. The Secretary shall give the applicant and property owner(s) notice of the Council hearing time and place at least ten days prior to the hearing date, together with a copy of the Commission's written Recommendation to the Council, according to the noticing procedures in Sec. 1120.C. (Public Hearing Notices).
c. Following the hearing, the Council shall adopt or reject the Historic Designation or, at its discretion, continue consideration of the matter, or refer the proposed designation to the Commission for further review within a period of time the Council sets. d. Designation of an Historic Resource as an Historic Landmark, District, or Point of Historical Interest shall be by resolution and shall reference the specific criteria and/or findings on which the Historic Designation is based.
e. All buildings or structures designated as Historic Landmarks or as part of an Historic District pursuant to this Chapter shall be so recorded by the City in the office of the Los Angeles County Recorder. The recorded document shall contain the name of the owner or owners, a legal description of the property, the date and substance of the designation, a statement explaining that alteration, relocation or demolition are restricted, and a reference to this Section authorizing the recordation.
7. Owner Objection to Designation
a. No property shall be designated an historic landmark if the owner objects to the designation, unless the City Council makes the findings listed in Sec. 11100.B.8. (City Council Override of Owners' Objection to Designation), below.
b. No area will be designated an historic district if a majority of the property owners of the contributing properties to the proposed district object, unless the City Council makes the findings listed in Sec. 11100.B.8. (City Council Override of Owners' Objection to Designation), below.
c. Objections may occur in writing or verbally at the designation hearing.
8. City Council Override of Owner’s Objection to Designation The City Council may designate an historic landmark or historic district over the objection of the owner(s) as described Sec. 11100.B.7. (Owner Objection to Designation), above, if all of the following findings can be made:
a. The historic landmark meets the criteria for designation under Sec. 800.C.2.a. (Historic Landmark Designation Criteria), or the historic district meets the criteria for designation under Sec. 800.C.2.b. (Historic District Designation Criteria);
b. The landmark or district is an especially valuable historic resource as compared to other designated resources in the city; and
c. The historic landmark or historic district is of special interest to the community; and d. The social benefit of designating the historic landmark or historic district can be shown by clear and convincing evidence to outweigh the private burden of designation and designation would not damage the owner of the property unreasonably in comparison to the benefit conferred on the community.
DRAFT May 16, 2024 Pomona, California | Zoning & Development Code 11-67 Certificates of Appropriateness Part 11 | Administration
9. Zoning Map Amendment
a. All designated historic landmarks and historic districts shall include a zoning map amendment to include an (-H) overlay abbreviation as described in Sec. 800.D.2. (Zoning District). This amendment shall also include an abbreviation for the second bracket of the applicable zoning district as described in Sec. 800.D.3. (Zoning District Brackets). b. The designation shall include the procedures for a zoning map amendment in Sec. 1160.F. (Zone Change), with the following exception: the Historic Preservation Commission shall make the recommendation to the City Council regarding any map amendment regarding the (-H) Overlay instead of the Planning Commission.
1190.C. Determination of Historic Eligibility
1. Any property owner may request the Historic Preservation Commission make a determination as to a property’s eligibility for historic designation. In addition, any request to demolish a structure 50 years old or older automatically requires review and an eligibility determination.
2. Upon receipt of a request to make an historic resource eligibility determination, the Zoning Adminstrator or their designee shall schedule the property for review by the Historic Preservation Commission at their next meeting (subject to noticing requirements).
3. The Zoning Administrator or their designee shall research the property and make a recommendation to the Commission as to whether the property meets any of the local, State or National designation criteria and if it has sufficient integrity to warrant designation.
4. The Historic Preservation Commission shall make a determination whether or not the property is eligible for designation.
1190.D. Certificates of Appropriateness
1. Applicability
A certificate of appropriateness is required for any property located in an historic district or property designated as a historic landmark (-H) per Sec. 800.C.7. (Certificate of Appropriateness).
2. Procedures
a. The Development Services Director or their designee shall review all proposed work on any Historical Resource to determine if a Certificate of Appropriateness is required. b. If the Development Services Director determines the proposed work is consistent with the applicable design standards and guidelines, as adopted by the Historic Preservation Commission, and the proposed work does not meet the requirements under Sec. 800.C.6. (Historic Compliance), or the project requiring Historic Preservation Commission review in Sec. 800.C.7. (Certificate of Appropriateness), a Minor Certificate of Appropriateness shall be issued in accordance with this Section.
c. If the Development Services Director determines the proposed work is not consistent with the applicable design standards and guidelines, as adopted by the Historic Preservation Commission, or the project requires Historic Preservation Commission review per Sec. 800.C.7. (Certificate of Appropriateness), a Major Certificate of Appropriateness shall be required. 11-68 Zoning & Development Code | Pomona, California DRAFT May 16, 2024 Part 11 | Administration Certificates of Appropriateness d. Within fifteen 15 days following the receipt of an application, a determination shall be made by the Development Services Director.
e. Within thirty 30 days following the receipt of an application filed for a Major Certificate of Appropriateness, the Development Services Director or their designee, shall determine, in writing, whether the application is complete for processing. If the written determination is not made within the required period, the application shall be automatically deemed complete for processing. Upon receipt of any resubmittal of the application, a new 30-day period shall begin, during which time completeness of the resubmitted application shall be determined. f. If an application is determined to be incomplete for processing, the Development Services Director or their designee shall specify those parts of the application that are incomplete and shall indicate the manner in which they can be made complete, including a list and thorough description of the specific information needed to complete the application. Failure of an applicant to submit complete or adequate information pursuant to the provisions of Sec. 11100.D.3. (Application Requirements), below, shall constitute grounds for denial of the application.
g. The Historic Preservation Commission shall review and make a determination on an application for a Major Certificate of Appropriateness no later than 75 days from receipt of a completed application by the Development Services Director. Inaction by the Historic Preservation Commission within the 75 day period will deem the application approved. The Historic Preservation Commission shall approve, conditionally approve, or deny issuance of the Major Certificate of Appropriateness, and shall make the appropriate findings.
3. Application Requirements
a. All applications shall be filed with the Development Services Director. The applicant is encouraged to confer with the Development Services Director before submittal of the application.
b. All applications shall include:
1. Plans and specifications showing the existing and proposed exterior appearance;
2. Materials and colors to be used on the exterior of the resource;
3. Relationship of the proposed work to the surrounding environment, if necessary;
4. Relationship to the existing scale, massing, architectural style, site and streetscape, landscaping and signage, for new construction in the applicable historic district;
5. Any other information the Development Services Director reasonably determines to be necessary for review of the proposed work; and
6. Required Fee(s).
4. Findings of Fact for Alterations
The following findings shall be required for the approval of a Certificate of Appropriateness. a. The proposed alteration, restoration, relocation, or construction, in whole or in part, will not:
DRAFT May 16, 2024 Pomona, California | Zoning & Development Code 11-69 Certificate of Economic Hardship Part 11 | Administration
1. Detrimentally change, destroy, or adversely affect any significant or character-defining feature of the resource;
2. Detrimentally change, destroy, or adversely affect the historic character or value of the resource;
b. The applicant has obtained a Certificate of Economic Hardship, in accordance with Sec. 1170.E. (Certificate of Economic Hardship).
5. Findings of Fact for Infill Development
The following findings shall be required for the approval of a Certificate of Appropriateness for infill development.
a. The proposed construction, in whole or in part, will not:
1. Be incompatible with the exterior features of other improvements within the applicable historic district; or
2. Adversely affect or detract from the character within the applicable historic district. 1190.E. Certificate of Economic Hardship
1. Applicability
The Historic Preservation Commission may issue an Certificate of Economic Hardship to allow alteration or demolition of a historic landmark or contributing resource where denial of a Certificate of Appropriateness would create an undue hardship upon the owner.
2. Applications
An application for an Economic Hardship Exception shall be filed either concurrently with, or after, filing the related application for a Certificate of Appropriateness. An application for an Economic Hardship Exception shall be made on the prescribed form and be accompanied by the following information, unless any such information is determined by the Development Services Director not to be applicable:
a. The estimated market value of the property in its current condition with supporting documentation.
b. The estimated market value of the property after completion of the proposed alteration or demolition with supporting documentation.
c. Estimates of the costs of proposed alteration or demolition with supporting documentation. d. In the case of demolition, the estimated market value of the property after renovation of the existing property for continued use and an estimate from an architect, developer, real estate consultant, appraiser, or other real estate professional with experience in rehabilitation as to the economic feasibility of rehabilitation or reuse of the existing structure on the property. e. A rehabilitation report from a licensed engineer or architect with expertise in rehabilitation as to the structural soundness of any structures on the property and their suitability for rehabilitation. 11-70 Zoning & Development Code | Pomona, California DRAFT May 16, 2024 Part 11 | Administration Certificate of Economic Hardship f. For income-producing properties, information on annual gross income, operating and maintenance expenses, tax deductions for depreciation, and annual cash flow after debt service, current property value appraisals, assessed property valuations, and real estate taxes. g. Remaining balance on any mortgage or other financing secured by the property and annual debt service, if any, for the previous two years.
h. All appraisals obtained within the previous two years by the owner or applicant in connection with the purchase, financing, or ownership of the property. i. The amount paid for the property if purchased within the previous 36 months, the date of purchase, and the party from whom purchased, including a description of the relationship, if any, between the owner of record or applicant and the person from whom the property was purchased, and any terms of financing between the seller and buyer. j. Any listing of the property for sale, rent, prices asked, and offers received, if any within the previous two years.
k. Any other information the Development Services Director may reasonably require in order to determine whether or not the property may yield a reasonable return to the owners.
3. Hearing Required
The Historic Preservation Commission shall hold a public hearing on all applications for an Economic Hardship Exception; after which it may approve, conditionally approve, or deny the application. Such hearing may be held concurrently with any related application for a Certificate of Appropriateness.
4. Findings
The Historic Preservation Commission shall approve an Economic Hardship Exception if it makes all of the following findings:
a. There are exceptional conditions and unreasonable circumstances relevant to the property for which the economic hardship exemption is sought which do not generally apply to other properties in the applicable historic district.
b. Denial of the application would decrease the value of the subject property so as to deprive the owner of any reasonable economic return on the property. c. The granting of the Certificate of Economic Hardship is the minimum action that will make possible the reasonable use of the land or structure that is not contrary to the purpose and intent of the approved design guidelines.
d. The economic hardship exemption is consistent with the intent of the design guidelines. e. Sale or rental of the property is not financially feasible, when looking at the cost of holding such property for uses permitted in the applicable zone.
f. Adaptive reuse of the property for lawful purposes is prohibited or impractical. g. Denial of the application would damage the owner of the property unreasonably in comparison to the benefit conferred on the community.
DRAFT May 16, 2024 Pomona, California | Zoning & Development Code 11-71 Certificate of Deconstruction Part 11 | Administration
h. Denial of the Certificate of Appropriateness would damage the owner of the property unreasonably in comparison to the benefit conferred on the community, or i. All means involving City-sponsored incentives, such a transfer of development rights, tax abatements, financial assistance, building code modifications, changes in the Zoning and Development Code, loans, grants, and reimbursements, have been explored to relieve the asserted economic hardship.
1190.F. Certificate of Deconstruction
1. Applicability
A Certificate of Deconstruction process is required for deconstructions, in whole, or in part, of designated historic resources and properties determined eligible for designation per Sec. 800.C.1. (Determination of Historic Eligibility).
2. Applications
a. All applications for deconstruction shall be filed with the Development Services Director. The applicant is encouraged to confer with the Development Services Director before submittal of the application.
b. All Applications shall include:
1. Plans and specifications showing the proposed exterior appearance of the project site following deconstruction and any proposed new construction;
2. Materials and colors to be used on the exterior of structures on the site following the proposed deconstruction;
3. Relationship of the proposed work to the surrounding environment, if necessary;
4. Relationship of proposed new construction to the existing scale, massing, architectural style, site and streetscape, landscaping and signage in an applicable historic district;
5. Any other information the Development Services Director reasonably determines to be necessary for review of the proposed work; and
6. Required Fee(s).
3. Procedures
Applications for a Certificate of Deconstruction shall be processed in accordance Sec. 1170.D.2. (Conditional Use Permit).
4. Findings of Fact
One of the following findings shall be made prior to approval of a Deconstruction application:
a. The proposed, deconstruction, in whole or in part, is necessary because:
1. All efforts to restore, rehabilitate, and/or relocate the resource have been exhausted; and/or, 11-72 Zoning & Development Code | Pomona, California DRAFT May 16, 2024 Part 11 | Administration Mills Act Contract
2. Restoration or rehabilitation is not practical because the extensive alterations required would cause the loss of integrity of the resource.
b. The applicant has obtained a Certificate of Economic Hardship in accordance with Sec. 800.C.8. (Certificate of Economic Hardship).
1190.G. Mills Act Contract
1. Applications
All applications shall be filed with the Development Services Director. The applicant is encouraged to confer with the Development Services Director before submittal of the application. All applications shall include:
a. A copy of the latest grant deed for the property.
b. A rehabilitation plan / maintenance list of the work to be completed within the 10 year contract period, including cost estimates and the year in which the work will be completed. c. A financial analysis form showing current property taxes and estimated taxes for the property under a Mills Act contract.
d. Any other information the Development Services Director reasonably determines to be necessary for review of the proposed work.
e. Required Fee(s).
2. Initial Review
Within 30 days of filing, the Development Services Director shall review all applications for completeness and accuracy before they are accepted as complete.
3. Expiration of Application
An application will be withdrawn if it is not completed pursuant to Sec. 1110.G. (Mills Act Contract).
4. Historic Preservation Commission
a. The Historic Preservation Commission shall evaluate each application for a Mills Act Contract, in accordance with the criteria established in Sec. 800.C.19. (The Mills Act), and shall decide by majority vote whether to approve any contract and forward it to the City Council with a recommendation for approval.
b. Following the meeting, the Historic Preservation Commission shall recommend City Council approval of, or reject, the contract by resolution. If the Historic Preservation Commission votes to approve the contract, the Secretary shall forward the recommendation to the City Council. c. If the Historic Preservation Commission votes to reject the contract, the contract will not be forwarded to the City Council, unless the decision of the Historic Preservation Commission is appealed.
DRAFT May 16, 2024 Pomona, California | Zoning & Development Code 11-73 Mills Act Contract Part 11 | Administration
5. City Council
The City Council has sole authority to approve a Mills Act Contract. a. Within 10 days of the Historic Preservation Commission’s nomination, the Secretary shall send a copy of the recommendation to the City Clerk. The City Clerk or their designee shall set a meeting at which the City Council shall consider the Historic Preservation Commission’s recommendation.
b. The City Council shall adopt or reject the contract or, at its discretion, continue consideration of the matter, or refer the proposed designation to the Historic Preservation Commission for further review within a period of time the City Council sets.
c. Approval of a Mills Act Contract shall be by resolution and shall reference the specific criteria and/or findings on which the approval is based.
11-74 Zoning & Development Code | Pomona, California DRAFT May 16, 2024 Part 11 | Administration Purpose
Sec. 11100. Nonconformities
Nonconforming lots, uses, structures, and improvements within the City are detrimental to orderly development, and the health, safety, peace, comfort and welfare of persons and property within the city. 11100.A. Purpose
1. To provide relief from the requirements of this Zoning and Development Code for any existing nonconformity, defined as any lot, building or structure, or use that conformed to the zoning regulations at the time they were established, but do not conform to current requirements of this Code.
2. To provide for the orderly termination of nonconforming rights for lots, uses, structures, and improvements that were previously legally established, but no longer comply with the Zoning and Development Code. The orderly termination nonconforming lots, uses, structures, and improvements is necessary to promote the public health, safety and welfare, and to bring nonconforming lots, uses, and structures into conformity with current Zoning and Development Code provisions, and the goals and policies of the General Plan.
11100.B. Intent
1. To limit the expansion of nonconforming lots, uses, structures and improvements, establish the circumstances under which they may be continued, and provide for their correction, maintenance, and removal.
2. To provide for the elimination of nonconforming lots, uses, structures, and improvements as rapidly as possible, without infringing upon the constitutional rights of their owners. 11100.C. Applicability
1. Nonconforming lots, uses, structures, and improvements may be maintained, expanded, altered, and/or abated only in accordance with the provisions of this section. It must be the property owner’s responsibility to provide evidence or information to justify the establishment of the nonconforming rights provided under this section.
2. Any designated historic landmark, contributing structure within a designated historic district, or any property listed on the California Register of Historical Resources or National Register of Historic Places, must be exempt from the provisions of this Chapter with respect to the restoration and maintenance of structures, provided that all construction plans are approved through a Certificate of Appropriateness by the Historic Preservation Commission.
3. A lot, use, structure, or improvement that becomes nonconforming due to a change in zoning district boundary or Zoning and Development Code regulation, the period prescribed for abatement of the use or improvement of the lot or structure must begin on the effective date of the change in zoning district boundary or Zoning Code regulation.
4. General Rules
The following general rules apply to all nonconformities. Specific rules in the following Sections may provide additional standards or exceptions to these general rules:
DRAFT May 16, 2024 Pomona, California | Zoning & Development Code 11-75 Nonconforming Uses Part 11 | Administration
a. A nonconforming building, structure, or use may conduct renovation and maintenance and repair project activities, as defined in Sec. 1200.A., without triggering any of the standards of this Section.
b. No new construction, addition, site modification, facade modification, change of use, major renovation project activities, as defined in Sec. 1200.A., may occur on any nonconforming lot or to any nonconforming building or structure, or nonconforming use, that increases the degree of nonconformity with any individual standard in this Code, except where allowed in the following Sections.
c. Demolition that reduces compliance with the standards or rules in any zoning district is not allowed, except in conjunction with a project activity that allows the project to meet the minimum requirements.
11100.D. Nonconforming Uses
A use that lawfully occupied a building or land at the time an ordinance codified in this Zoning and Development Code became effective and does not conform to the Use Module regulations of the zoning district in which it is located, must be deemed a “nonconforming use.” A nonconforming use may continue, subject to the following:
1. Discontinuance of Nonconforming Use
a. General
1. A building or structure, portion of a building or structure, or any land that contained a nonconforming use that has been discontinued for a continuous period of time outlined in Sec. 11110.D.b. (Discontinuance and Abandonment of Use, and Loss of Nonconforming Status) must only be occupied by a use that conforms to the current use regulations of the applied zone.
2. A nonconforming use of land that is accessory or incidental to the nonconforming use of a building must be discontinued on the same date the nonconforming use of the building is discontinued.
b. Discontinuance and Abandonment of Use, and Loss of Nonconforming Status
1. Without further action by the City, a use must lose its nonconforming status and must not be reestablished if the nonconforming use is abandoned for any reason. i. Residential Uses
A nonconforming residential use must be deemed abandoned if the use is discontinued for a period of 365 or more consecutive days.
ii. Nonresidential Land Uses
A nonconforming nonresidential use must be deemed abandoned if the use is discontinued for a single period of 180 or more consecutive days.
2. Wherein the determination of abandonment of a use is in question, the determination of abandonment must be made by the Zoning Administrator, based upon satisfactory evidence.
If there are no business receipts, records, or necessary licenses available to provide evidence 11-76 Zoning & Development Code | Pomona, California DRAFT May 16, 2024 Part 11 | Administration Nonconforming Uses
that the use in question has been in continual operation, the Zoning Administrator may make a determination of “abandonment of use” based upon consideration of:
i. The rem oval, without replacement, of equipment, furniture, machinery, fixtures, structures, or other components necessary to business operation, and/or ii. The shut-off or disconnect of utilities (water, electricity, and/or natural gas).
3. Following the discontinuance of a nonconforming use, the use of a property must comply with all current requirements of this Zoning and Development Code and the applicable zoning district.
c. Change in Ownership, Tenancy or Management
A change in ownership, tenancy or management of a nonconforming use must not affect its nonconforming status, provided the use is not discontinued pursuant to Sec. 1160.1.b. (Discontinuation of Use and Loss of Nonconforming Status), above, or the type of use and/or intensity of use does not change.
d. New Development
New development on any lot upon which a nonconforming use exists must require that all uses on the property conform to the provisions of this Zoning and Development Code. e. Alterations and Expansion of Use
1. A nonconforming use must not be enlarged or extended in such a way as to occupy any part of any structure or property that the use did not occupy prior to the creation of the nonconformity.
2. For nonconforming use alteration exceptions, see Sec. 11110.K.1. (Use Not Allowed Exceptions).
f. Intensification of Use
A nonconforming use must not be intensified in such a way as to increase the discrepancy between existing conditions and the standards set forth in this Zoning and Development Code. g. Abatement of Nonconforming Use
Nonconforming uses must be abated as follows:
1. A use must be discontinued upon the issuance of a cease and desist order by the City if:
i. The use is nonconforming due to an operation or process that poses a threat to the public health, safety or welfare, as determined by the Planning Manager or Building Official; and
ii. The owner fails to discontinue the operation or process, or to fully mitigate the hazard(s) involved.
2. A nonconforming use that has been discontinued or abandoned must comply with Sec. 1160.1.b. (Discontinuation of Use and Loss of Nonconforming Status).
DRAFT May 16, 2024 Pomona, California | Zoning & Development Code 11-77 Nonconforming Structures and Improvements Part 11 | Administration 11100.E. Nonconforming Structures and Improvements
A structure or improvement that was lawfully constructed or installed at a time an ordinance codified in this Zoning and Development Code became effective, and does not conform to the Form Module, Frontage Module, and Site standards of this Zoning and Development Code in which it is located, must be deemed a “nonconforming structure” or “nonconforming improvement,” as applicable. A nonconforming structure or improvement may continue, subject to the following:
1. Damage or Destruction of a Nonconforming Structure
a. A nonconforming structure that is damaged or partially destroyed by fire or other calamity, or the public enemy, or other cause which is beyond the control of the property owner, and which could not otherwise have been prevented by reasonable care and maintenance of the structure, may be reconstructed, restored, or rebuilt up to the original size, placement and density, provided that total cost of the reconstruction, restoration, or rebuilding does not exceed more than 50 percent of the structure’s fair market value prior to said damage or destruction.
Structure reconstruction, restoration, or rebuilding must commence within 180 days following the occurrence of damage, unless extended by the Zoning Administrator, and must be diligently pursued to completion.
b. In the event that the cost of reconstructing, restoring, or rebuilding a structure exceeds 50 percent of the fair market value of the structure prior to such damage occurring, the structure may be reconstructed, restored, or rebuilt up to its original size, placement, and density prior to such damage occurring, and the use of the structure resumed, subject to the following:
1. The Zoning Administrator, at a duly noticed public hearing, must first find that the reconstruction, restoration, or rebuilding of the nonconforming structure:
i. Will not be detrimental or injurious to the health, safety or general welfare of persons residing or working in the neighborhood;
ii. Will not be detrimental or injurious to property and improvements in the neighborhood; and
iii. Continuation of the nonconforming structure will not result in an annoyance to and/or reduction of any surrounding property.
2. The public hearing and findings prescribed in Sec. 1160.E.1.b.1., above, must not be required for the reconstruction, restoration, or rebuilding of a legal nonconforming single-unit dwelling located on a lot that is designated for "single-family dwellings" by Figure 6.3:
POMONA TOMORROW (Place Types) in the General Plan.
3. The reconstruction, restoration, or rebuilding must be commenced within 180 days following the date that the damage or destruction occurred, unless extended pursuant to Sec. XX. (Extensions of Nonconforming Status), and diligently pursued to completion.
4. Nothing in this section must be construed to permit the continuation of conditions that will endanger the health, safety, or welfare of building occupants, the residents of the area, or which constitute a public or private nuisance.
11-78 Zoning & Development Code | Pomona, California DRAFT May 16, 2024 Part 11 | Administration Calculation of Time
11100.F. Calculation of Time
Whenever a period of time related to a nonconformity is specified in this Code, the period of time is computed from the effective date of the ordinance that created the nonconformity. 11100.G. Compliance with Other Laws
Nothing in Sec. 1160. (Nonconformities) relieves any person or entity from the obligation to comply with the requirements of any Federal, State, County, or other local law. 11100.H. Relief
1. Relief from the requirements of this Section are available through Sec. 1310.XX. (Quasi-Judicial Review).
2. The Zoning Administrator may allow for relief through alternative compliance (Sec. 1310.XX) to bring a project into conformity if the project meets or exceeds the intent of the standards of this Zoning and Development Code.
3. When relief is granted through any discretionary action taken consistent with this Section, the element that is the subject of the discretionary action is no longer considered nonconforming under this Zoning and Development Code.
DRAFT May 16, 2024 Pomona, California | Zoning & Development Code 11-79 Form Exceptions Part 11 | Administration
11100.I. Form Exceptions
1. Coverage Exceptions
a. Building Setbacks
Where a building is nonconforming as to building setbacks, an addition is allowed, provided that:
1. Additions located in the nonconforming setback do not encroach to a greater extent than the existing encroachment or reduce the nonconforming setback to less than 50% of that required by the dimensional requirements of the applied zone.
2. The total of all additions made since the building became nonconforming do not exceed, in height or length, the height or length of that portion of the adjoining nonconforming building that extends into the same setback.
2. Building Exceptions
a. House Form Modules
1. An addition to a building or structure that is nonconforming as to floor area is allowed, provided that the addition conforms to all current regulations of the applied zone and other applicable current land use regulations, except as may be approved or permitted pursuant to a discretionary approval.
2. Modifications to existing buildings other than additions are allowed. b. Addition to Building Exceeding Maximum Height
Where an existing building or structure is nonconforming only as to maximum height, additions that conform to all the current regulations of the applied zone and other applicable current land use regulations are allowed, except that the total aggregate floor area included in all the separate additions must not exceed 50% of the floor area of the ground story of the building or structure. c. Existing Structures with an Industrial-Oriented Use
Any legally established building or structure containing an industrial-oriented use, that is nonconforming as to maximum building width and depth, may be rebuilt and exceed the maximum building width and depth specified in the applied Form Module (Subpart 3B), subject to the following standards:
1. The building must be constructed to meet, at a minimum, LEED Gold certification.
2. The building must not exceed the existing gross floor area. 11-80 Zoning & Development Code | Pomona, California DRAFT May 16, 2024 Part 11 | Administration Frontage Exceptions
11100.J. Frontage Exceptions
1. Build-to Exceptions
a. On a lot with an existing building where the lot is nonconforming as to the maximum build-to depth or minimum build-to width requirements, any new construction must meet the minimum build-to width between the minimum and maximum build-to depth in one or more of the ways outlined below.
1. New Construction on an Interior Lot
All new construction must occupy the build-to depth until the build-to width has been met, except that buildings may be provided in phases - each new building is not required to meet the entire required build-to width for the lot.
Existing Building
New Building
Street
Build-to
Zone
Build-to Width (%)
Street
Build-to
Zone
Build-to Width (%)
Street
Build-to
Zone
Build-to Width (%)
Street
Build-to Zone
DRAFT May 16, 2024 Pomona, California | Zoning & Development Code 11-81 Frontage Exceptions Part 11 | Administration
2. New Construction on a Corner Lot
All new construction must occupy the build-to depth until the build-to width for both streets has been met, except that buildings may be provided in phases - each new building is not required to meet the entire required build-to width for the lot. The initial new building must begin at the corner and be located within the build-to-depth on both streets.
Additional new buildings may be placed anywhere within the build-to zone.
Existing Building
New Building
Primary Street
Side Street
Build-to Width (%)
Build-to Zone
Build-to
Width (%)
Build-to
Zone
Primary Street
Side Street
Build-to Width (%)
Build-to
Zone
Build-to
Width (%)
Build-to
Zone
Primary Street
Side Street
Build-to Width (%)
Build-to Zone
Build-to
Width (%)
Build-to
Zone
Primary Street
Side Street
Build-to Width (%)
Build-to
Zone
Build-to
Width (%)
Build-to
Zone
11-82 Zoning & Development Code | Pomona, California DRAFT May 16, 2024 Part 11 | Administration Frontage Exceptions
3. Additions on an Interior Lot
i. Any addition to the street lot line-facing facade of a building that is nonconforming as to build-to depth or build-to width must occupy the build-to depth, except that the addition does not have to meet the entire required build-to width for the lot. ii. Additions of any size that extend a building that is nonconforming as to build-to depth or build-to width between the existing building and the rear lot line are allowed. iii. Additions that extend a building that is nonconforming as to build-to depth or build-to width between the existing building and the side lot line are allowed, except that they must have a floor area less than 20% of the existing ground story. iv. Additions on top of a building that is nonconforming as to build-to depth or build-to width are allowed, except that they must not increase the existing building footprint by more than 50 square feet and must not exceed the height limit for the applied zone.
Existing Building
New Addition
Street
Build-to
Zone
Build-to Width (%)
Street
Build-to
Zone
Build-to Width (%)
Street
Build-to
Zone
Build-to Width (%)
Street
Build-to
Zone
Build-to Width (%)
DRAFT May 16, 2024 Pomona, California | Zoning & Development Code 11-83 Frontage Exceptions Part 11 | Administration
4. Additions on a Corner Lot
i. Any addition to the primary street-facing facade of a building that is nonconforming as to build-to depth or build-to width must be located within the build-to depth on the primary street, except that the addition does not have to meet the minimum build-to width for the entire lot.
ii. Additions of any size that extend a building that is nonconforming as to build-to depth or build-to width between the existing building and the rear lot line, but not any wider than the existing building, and are located behind the build-to depth are allowed, except that:
a) A planting area must be provided as required in Sec. XX., Planting Areas, at least 6 feet wide, abutting the side street lot line, and installed across the entire length of the side street frontage where no building occupies the build-to zone. Breaks for pedestrian, bicycle and vehicular access are allowed.
b) The planting area with large species trees, must be provided as required in Sec. XX., Trees, planted at a rate of 1 tree per 30 feet along the entire length of the planting area. Trees should be planted offset from street trees to maximize space for canopy growth.
Existing Building
New Addition
Primary Street
Side Street
Build-to Width (%)
Build-to Zone
Build-to
Width (%)
Build-to
Zone
iii. Additions that extend a building that is nonconforming as to build-to depth or build-to width between the existing building and the side lot line are allowed, except that the floor area must be no greater than 20% of the existing ground story.
Existing Building
New Addition
Primary Street
Side Street
Build-to Width (%)
Build-to
Zone
Build-to
Width (%)
Build-to
Zone
11-84 Zoning & Development Code | Pomona, California DRAFT May 16, 2024 Part 11 | Administration Frontage Exceptions
iv. Additions on top of a building that is nonconforming as to build-to depth or build-to width are allowed, except that they must not increase the existing building footprint by more than 50 square feet.
b. Where a building or structure does not meet the build-to width requirement and an existing plaza or similar open space located in the build-to zone does not meet the standards for pedestrian amenity allowance, the existing open space may be maintained, but not expanded.
Any new construction, facade modification, or site modification must increase conformity with the pedestrian amenity allowance standards.
c. Additions to any street-facing facade of a building that is nonconforming as to build-to depth or build-to width are allowed behind the build-to depth, except that they must not exceed 10% of the ground story area of the existing building.
d. On lots with an existing building that is nonconforming as to build-to depth or build-to width, except where the existing building is a residential building, and new construction of additional dwelling units that are detached from the existing building located in a rear yard, the build-to depth and build-to width requirements do not apply.
DRAFT May 16, 2024 Pomona, California | Zoning & Development Code 11-85 Use Exceptions Part 11 | Administration
11100.K. Use Exceptions
1. Use Not Allowed Exceptions
a. Where an existing use is nonconforming in the applied Use Module:
1. It may be relocated within the existing building, provided the move does not cause a net increase in the floor area of the nonconforming use.
2. It will not be reestablished after it has been abandoned. A nonconforming use is considered abandoned pursuant to Sec. 1160.1.b. (Discontinuation of Use and Loss of Nonconforming Status).
b. Where an existing drive-through use is nonconforming in the applied Use Module, an expansion of existing drive-through facilities may be allowed and must meet the following standards:
1. Must not encroach on or interfere with the use of sidewalks, drive aisles or parking areas.
2. Each queuing space in a drive-through lane must be a minimum of 20 feet in length and 8 feet in width along straight segments of the drive-through lane. Drive-through lanes must be a minimum of 12 feet in width along curved segments. Side Street Primary Street
20’ (min)
8’ (min)
12’ (min)
3. Drive-through lanes are regulated as a motor vehicle use area and subject to the standards specified in Sec. 480. (Parking Location).
4. Drive-through lanes that take access directly from the public right-of-way are regulated as a driveway and subject to the standards for driveways as specified in Sec. 610.A. (Vehicle Access).
5. Require review and approval by the Public Works Director to ensure the site design does not create detrimental impacts on pedestrians, bicyclists, transit vehicles or riders, micro mobility device users, and automobile traffic and circulation on the abutting right-of-way. c. Where an existing fueling station use is nonconforming in the applied Use Module, an expansion of existing fueling facilities may be allowed and must meet the following standards:
1. Must not include more than 2 additional fuel pumps or 'multiple product dispensers'. 11-86 Zoning & Development Code | Pomona, California DRAFT May 16, 2024 Part 11 | Administration Site Exceptions
2. Must conform to current air or stormwater quality control regulations, and replace any single-walled underground storage tanks.
3. Must remediate any existing contamination of soil or groundwater.
4. Must be not be located within 300 feet of any residential, assembly, child day care, medical clinic, or urban agricultural use.
d. In the Industrial Use Modules, the nonconforming use of land where no buildings are occupied in connection with the use or where the only buildings occupied are accessory to or incidental to the use, may be continued, subject to the following limitations:
1. The nonconforming use must not be enlarged in any way beyond the limits of what was originally permitted.
2. The nonconforming use must be completely enclosed within a building or within an area enclosed on all sides with a Buffer Type II Transition Buffer pursuant to Sec. 720.B.3.c.2.ii., Buffer Type II, within 1 year from the date the use becomes nonconforming.
2. Use Standard Exceptions
Where a temporary use is nonconforming as to Use Module standards it may be continued until the expiration of the temporary use permit. When a nonconforming temporary use is subject to a new temporary use permit, it must meet all of the Use Module standards. 11100.L. Site Exceptions
1. Parking Exceptions
a. When parking is required, the currently-provided parking stalls must be considered the required parking for an existing nonconforming use where the parking stalls are less than what is specified in Sec. 710.C.3.a., Required Parking.
b. The Building and Safety Division of the Development Services Department may reduce the number of required parking stalls by the number of stalls the Building and Safety Division of the Development Services Department determines are needed to provide accessible parking stalls as required by State access laws.
11100.M. Street Exceptions
[Reserved]
DRAFT May 16, 2024 Pomona, California | Zoning & Development Code 11-87 Street Exceptions Part 11 | Administration
Sec. 11110. Violations and Enforcement
See Div. 5. (Enforcement) of the City Code.
11-88 Zoning & Development Code | Pomona, California DRAFT May 16, 2024 DRAFT May 16, 2024 Pomona, California | Zoning & Development Code 12-1 Part 12.
GENERAL RULES
Sec. 1200. General Standards and Measurement 12-2
1200.A. Project Activities 12-2
1200.B. Street Designation 12-3
1200.C. Lot 12-4
1200.D. Lot Line Designation 12-5
1200.E. Lot Line Categories 12-7
1200.F. Residential and Nonresidential Uses 12-7
1200.G. Enclosure 12-8
1200.H. Encroachments 12-10
1200.I. Facing Facades 12-14
1200.J. Yard Designation 12-18
1200.K. Yard Categories 12-21
1200.L. Distance 12-21
1200.M. Frequency 12-22
1200.N. Story 12-23
1200.O. Opacity 12-25
1200.P. Irregular Lot Line 12-26
Sec. 1210. General Terminology 12-27
12-2 Zoning & Development Code | Pomona, California DRAFT May 16, 2024 Part 12 | General Rules Project Activities
Sec. 1200. General Standards and Measurement
1200.A. Project Activities
A project involving any of the activities listed below. A project may or may not require a building permit.
The definition of project may be modified by a Specific Plan.
1. Subdivision
See Part 10. (Division of Land).
2. New Construction
Any activity that includes the construction of a new building or structure.
3. Addition
Any expansion or enlargement of an existing building or structure. Includes activity that increases the floor area or the height of an enclosed space within an existing building.
4. Site Modification
Any substantial modification to a site, including landscaping, trees, fencing, walls, lighting, grading, flatwork, and parking lots including resurfacing and restriping of existing parking lots.
5. Facade Modification
a. Any substantial change to the exterior envelope of a building. Facade modifications include changes to any of the following:
1. The facade of a building;
2. The amount of exterior foundation wall that is exposed above finished grade; or
3. An architectural element (including a balcony, porch or deck) attached to a facade. b. Facade modification includes any change to a facade that goes beyond the definition of maintenance and repair.
6. Change of Use
a. A change in use or a modification of an area designed and intended for a specific use from the previously approved use.
b. Change of use includes a change in the permanent use of any portion of a building or lot from one of the uses specified in Part 5 (Use), to another.
c. Change of use does not include any uses requiring event-based permission from the City. For these uses, see Sec. XX (Temporary Uses).
d. Change of use includes the expansion of floor area or lot area dedicated to a use or an increase in the intensity of a use, such as an increase in seating capacity or the number of persons in care.
DRAFT May 16, 2024 Pomona, California | Zoning & Development Code 12-3 Street Designation Part 12 | General Rules
7. Renovation
a. Modification of the interior of any building or structure that does not expand the building or structure, but includes more than 50% of the floor area of any story of the structure. b. Renovation does not include interior modifications to meet fire, life safety, and ADA requirements, regardless of the amount of floor area included. c. Renovation includes any change that goes beyond the definition of maintenance and repair.
8. Maintenance and Repair
Activity done to correct the deterioration, decay of, or damage to, any part of a building, structure, or lot, that does not involve a change or modification of the existing design, outward appearance or applicable zoning requirements. In-kind replacement of deteriorated or damaged parts of a building is considered maintenance and repair. Maintenance and repair includes repair of site components such as parking lots or landscaping.
1200.B. Street Designation
1. Public rights-of-way adjacent to a lot are classified as either primary streets, side streets or alleys.
Rivers, bike paths and trails are public rights-of-way but are not considered streets.
2. When a lot abuts only one street, the street is considered a primary street.
3. A lot that abuts multiple streets must designate at least one as a primary street.
4. A lot may abut more than one primary street.
5. For lots that abut multiple streets, the following will be used to determine a primary street:
a. the pedestrian orientation of the street;
b. the established orientation of buildings on the block; c. the street or streets abutting the longest face of the block; d. the street or streets parallel to an alley within the block; e. the street from which the lot takes its address; and f. the street with the highest classification or highest traffic counts. 12-4 Zoning & Development Code | Pomona, California DRAFT May 16, 2024 Part 12 | General Rules Lot
1200.C. Lot
One or more parcels of land identified for the purpose of development.
1. A lot may be composed of one or more contiguous parcels.
2. All parcels composing a lot must be owned by the same person or entity.
3. All parcels composing a lot must be identified on either a tract map according to Sec. 1000.B.2. (Tract Map (Major Subdivision)) or a parcel map according to Sec. 1000.B.1. (Parcel Map (Minor Subdivision)), and filed with the Los Angeles County Registrar-Recorder/County Clerk.
4. For the purpose of meeting standards associated with an applied zone string, a lot composed of multiple parcels may meet all applicable standards independently for each parcel or the lot may meet the standards treating the collection of contiguous parcels as a single parcel.
DRAFT May 16, 2024 Pomona, California | Zoning & Development Code 12-5 Lot Line Designation Part 12 | General Rules
1200.D. Lot Line Designation
1. General
a. A lot line can have only one designation.
b. Each lot line must have one of the following designations:
1. primary street lot line;
2. side street lot line;
3. rear lot line;
4. side lot line; or
5. alley lot line.
Primary Street
Primary Street
Side Street
Primary Street Lot Line
Primary Street Lot Line
Rear Lot Line Side Lot Line
Side Street Lot Line
Side Lot Line
Side Lot Line
Side Lot Line
Side Lot Line
Rear Lot Line
Primary Street
Lot Line
2. Primary Street Lot Line
a. A lot line separating a lot from a primary street right-of-way. b. Each lot must have at least one primary street lot line. A lot may have more than one primary street lot line.
c. For sites that abut multiple streets, a primary street lot line is determined using the following:
1. the street or streets with the highest classification;
2. the established orientation of the block;
3. the street abutting the longest face of the block;
4. the street parallel to an alley within the block;
5. the street that the site takes its address from; and
6. the primary street designation of adjacent development, either existing or approved. 12-6 Zoning & Development Code | Pomona, California DRAFT May 16, 2024 Part 12 | General Rules Lot Line Designation
d. A lot line abutting a park, open space, river, trail or pedestrian path can be designated as a primary street lot line.
e. Once designated for a site, a primary street lot line cannot be changed (e.g., a primary street lot line cannot, for purposes of subsequent development, be re-designated a side street lot line) unless all standards of the applicable zoning district are met based on the proposed change in street lot line designation.
3. Side Street Lot Line
A lot line separating a lot from a side street right-of-way. Any street lot line not determined to be a primary street lot line is considered a side street lot line.
4. Rear Lot Line
A lot line that does not abut a street or alley right-of-way and is opposite and most distant from a primary street lot line.
a. A lot may have no more than one lot line designated as a rear lot line. b. In the case of a lot that fronts two streets on opposite sides, there may be no rear lot line. c. Where no lot line is clearly opposite to the primary street lot line or where there are multiple primary street lot lines, the lot line having the highest portion of its length serving as the rear lot line of abutting lots is the rear lot line.
5. Side Lot Line
Any lot line not determined to be a primary street, side street, rear or alley lot line.
6. Alley Lot Line
Any lot line separating a lot from an alley right-of-way. Even when a lot line qualifies as a rear lot line or side lot line, all lot lines that abut an alley right-of-way are considered an alley lot line.
DRAFT May 16, 2024 Pomona, California | Zoning & Development Code 12-7 Residential and Nonresidential Uses Part 12 | General Rules 1200.E. Lot Line Categories
1. Frontage Lot Line
Any lot line that triggers Frontage Module requirements. Frontage lot lines include all primary street lot lines and side street lot lines in Part 4 (Frontage).
2. Street Lot Line
Any lot line that abuts a street right-of-way. Street lot lines include all primary street lot lines and side street lot lines.
3. Common Lot Line
Any lot line shared by multiple lots. Common lot lines, including all side lot lines and rear lot lines. 1200.F. Residential and Nonresidential Uses
1. Residential uses include all uses listed in the residential use category within Part 5 (Use).
2. Nonresidential uses include all uses not listed in the residential use category within Part 5 (Use). 12-8 Zoning & Development Code | Pomona, California DRAFT May 16, 2024 Part 12 | General Rules Enclosure
1200.G. Enclosure
The measurement of how closed off an occupiable space is to its surroundings.
1. Standards
a. Enclosed
A space is considered to be enclosed when the perimeter of the space has an enclosure of at least 65%.
b. Unenclosed
A space is considered to be unenclosed when the perimeter of the space has an enclosure of less than 65%.
c. Perimeter Plane
An imaginary vertical plane along the perimeter of a space used to measure the enclosure of a space. A perimeter plane must be projected for a height of 8 feet measured from the floor or ground surface of the space.
d. Solid Area
The portions of the perimeter planes that have a permanent structure or component obstructing the space from its surroundings. For the purpose of measuring the enclosure of a space, portions of the perimeter plane are considered solid area where a permanent structure or component is located within 5 feet of the perimeter plane, measured perpendicular to the perimeter plane and away from the subject space.
e. Non-Solid Area
The portions of the perimeter planes along the perimeter of a space that have no permanent structure or component obstructing the space from its surroundings. For the purpose of measuring the enclosure of a space, portions of the perimeter plane are considered non-solid area where no permanent structure or component is located within 5 feet of the perimeter plane, measured perpendicular to the perimeter plane and away from the subject space. f. Solid Perimeter
The length of a perimeter of a space that consists of solid area for the entire height of the perimeter plane.
2. Measurement
a. Enclosure is measured as a percentage, calculated by dividing the cumulative length of the perimeter of a space that is solid perimeter by the total perimeter of the space.
DRAFT May 16, 2024 Pomona, California | Zoning & Development Code 12-9 Enclosure Part 12 | General Rules
b. For spaces with perimeter planes that do not contain a mixture of solid area and non-solid area for the full height of the perimeter plane, enclosure shall be calculated as the length of the solid portion of the perimeter divided by the total perimeter.
Solid Area
Non Solid Area
ISOMETRIC
8’
C B
D
A
A
B
C
D Occupiable Space
PLAN VIEW
Non-solid Perimeter
Solid Perimeter
0% Solid Area
100% Solid Area
0%
Solid Area 100% Solid Area
Edge Length
Solid
Perimeter
A 10’ 10’
15’
Enclosure (%) = 50%
Total Perimeter 30’
B 5’ + 0’
C 10’ + 0’
D 5’ + 5’
CALCULATION
3. Exceptions
a. Safety barriers 45 inches in height or less, measured from finished floor elevation, having an opacity of no more than 40% do not count toward solid area or solid perimeter. b. Safety barriers 45 inches in height or less, measured from finished floor elevation, that are transparent with a minimum visual light transmittance of 60% and maximum external reflectance of 20% do not count toward solid area or solid perimeter. 12-10 Zoning & Development Code | Pomona, California DRAFT May 16, 2024 Part 12 | General Rules Encroachments
1200.H. Encroachments
1. General
Modifications to existing structures may encroach beyond the limitations of the zoning district only where such limitations prohibit compliance with ADA standards or the Fire Code. When greater encroachments are necessary, the encroachment must extend the minimum amount necessary to achieve compliance.
2. Horizontal Encroachments
A structure or assembly that extends horizontally into a space where structures are typically prohibited.
a. Standards
1. Architectural Details
Building elements attached to or integrated into the structure of a building, not intended for human occupation. Includes cornices, belt courses, sills, lintels, pilasters, pediments, and chimneys.
2. Roof Projections
Roof elements that overhang or cantilever beyond the footprint of a building and do not include posts or columns. Includes eaves, roof overhangs, gutters, awnings, and canopies.
3. Unenclosed Structures: Ground Story
Structures having all finished floors and ground surfaces at or below the maximum finished floor elevation of the ground story listed in Frontage and having a total structure height less than 15 feet, measured from surrounding finished grade. Includes porch, deck, stoop, landing platform, gazebo, trellis, arbor, pergola, basketball hoop, and volleyball net.
4. Unenclosed Structures: Above Ground Story
Structures having finished floors or ground surfaces above the maximum finished floor elevation of the ground story specified in Part 4B. (Frontage Modules) or having a total structure height of 15 feet of greater, measured from surrounding finished grade, and meets the standards in Sec. 1200.F.1.b. (Unenclosed Perimeter). Includes balcony, upperstory light shelf, and exterior stairway.
5. Enclosed Structures: Projecting
Structures that overhang or cantilever beyond the footprint of the building that meet the definition of enclosed. Enclosed projecting structures shall have a cumulative length less than 25% of the width of the building. Each story is measured separately. Includes bay window, oriel window, sleeping porch, overhanging volume, and enclosed balcony.
6. Mechanical/Electrical Equipment: Ground Mounted
Equipment supported by the ground related to privately operated systems, including related wires, conduits, and pipes. Includes gas meter, water softener, pool equipment, HVAC equipment, gas tank, cistern, wind turbine, and solar panel.
DRAFT May 16, 2024 Pomona, California | Zoning & Development Code 12-11 Encroachments Part 12 | General Rules
7. Mechanical/Electrical Equipment: Wall Mounted
Equipment attached to a wall related to privately operated systems, including related wires, conduits, and pipes. Includes gas meter, electric meter, electrical panel, water heater, HVAC equipment, and gas tank.
8. Waste Enclosure
Waste areas and their required screening structures. Includes trash compactor, garbage, recycling, and food waste.
9. Utility Equipment
Equipment related to publicly-operated or utility-operated systems, including related wires, conduits and pipes. Includes hydrant, transformer, utility cabinet, water utility device, cable television box, internet box, or phone box.
10. Underground Structures
Covered structures located entirely below finished grade. Includes cellar, basement, underground parking structure, stormwater storage, and cistern.
11. Flatwork
Structures 2.5 feet in height or less, measured from finished grade. Includes pavement, sidewalk, multi-use path, patio, low deck, and stairs or ramp 2.5 feet in height or less.
12. Fences, Walls, Hedges, and Screening
Fences, walls, and hedges, including allowed frontage yard walls and fences, allowed rear and side yard fences and walls, and required screening, may encroach into any required setback up to the lot line, provided that fences and walls in any frontage yard are allowed by the frontage yard fence and wall standards specified in Subpart 4B. (Frontage Modules).
13. Vegetation
Living organisms, absorbing water and organic substances through its roots and synthesizing nutrients. Includes tree, shrub, flower, herb, vegetable, grass, fern, and moss. Vegetation encroachments also include LID planters within 10 feet of a building and less than 4 feet in height, measured from finished grade.
14. Outdoor Furniture
Permanent or movable furniture may encroach into any required setback up to the lot line.
Includes bench, table, and bike or scooter parking rack.
15. Signs
See Sec. 630. (Signs).
b. Measurement
1. Encroachment
Encroachment is measured as the horizontal distance from the edge of the area where structures are restricted.
12-12 Zoning & Development Code | Pomona, California DRAFT May 16, 2024 Part 12 | General Rules Encroachments
2. Distance from Lot Line
Distance from lot line is measured as the horizontal distance from a lot line. Distance from lot line is measured toward the interior of the lot along the full perimeter of the lot line. c. Exceptions
Modifications to existing structures may encroach beyond the limitations in Sec. 370.C.5. (Exceptions) only where such limitations prohibit compliance with California State Accessibility Standards or Fire Code. When greater encroachments are necessary, the encroachment shall extend the minimum amount necessary to achieve compliance.
3. Vertical Encroachments
A structure or assembly that extends vertically into a space where structures are typically prohibited. a. Standards
1. General
i. No vertical encroachments that contribute to floor area are allowed. ii. Modifications to existing structures may encroach beyond the limitations of this Zoning and Development Code only where such limitations prohibit compliance with California State Accessibility Standards or Fire Code. When greater encroachments are necessary, the encroachment must only extend the minimum amount necessary to achieve compliance.
2. Mechanical/Electrical Equipment: Roof Mounted
Equipment supported by a roof related to publicly-operated or privately-operated systems, including related wires, conduits, pipes and visual screens. Includes HVAC equipment, cistern, water tank, wind turbine, solar panel, solar water heater, exhaust duct, smokestack, wireless mast, communication equipment, satellite dish, ventilation fan, chimney, flue, vent stack, and generator. Roof Mounted also includes required screening according to Sec. 620.D.2. (Roof Mounted Equipment).
3. Architectural Elements
Building elements attached to or integrated onto the roof of a building, not intended for human occupation. Includes skylight, steeple, spire, belfry, cupola, dome, flagpole, and lighting.
4. Vertical Circulation
Enclosed and covered structures used for building circulation and rooftop access. Includes elevator room and associated equipment, and stair access to roof.
5. Safety Barriers
Vertical barriers required for safety and protection. Includes fence, wall, parapet, and railing.
DRAFT May 16, 2024 Pomona, California | Zoning & Development Code 12-13 Encroachments Part 12 | General Rules
6. Unenclosed Structures
Unenclosed areas attached to or integrated onto the roof of a building, intended for human shelter or activity. Includes shade structure, cabana, pergola, rooftop bar, outdoor dining, permanent seating, beehive, sports court, and cooking facility.
7. Flatwork
Constructed objects 2.5 feet in height or less. Includes decking, walkway, patio, and planter.
8. Vegetation
Living organisms, absorbing water and organic substances through its roots and synthesizing nutrients. Includes tree, shrub, flower, herb, vegetable, grass, fern, and moss. Vegetation encroachments also include LID planters within 10 feet of a building and less than 4 feet in height, measured from finished grade.
9. Signs
See Sec. 630. (Signs).
b. Measurement
1. Encroachment
i. Height in Feet
For any Form Modules with a maximum height in feet standard, encroachment is measured as the vertical distance from the maximum allowed height in feet to the topmost point of the encroaching object.
ii. Height in Stories Only
For Form Modules where height is regulated only in stories, encroachment is measured as the vertical distance from the top of the roof deck to the topmost point of the encroaching object.
2. Setback from Roof Edge
Setback from roof edge is measured as the horizontal distance from the outermost edge of the roof structure. Setback from roof edge is measured inward along the full perimeter of the roof structure.
12-14 Zoning & Development Code | Pomona, California DRAFT May 16, 2024 Part 12 | General Rules Facing Facades
1200.I. Facing Facades
The exterior portions of a structure that are exposed to a specified object or site element.
1. General
a. Measurement
Where the exterior portions of a structure are specified as exposed to an area or an object/site element (such as a building or structure) all portions of a subject structure visible from any of the 4 building elevations projected parallel to each side of and oriented away from the smallest rectangle that circumscribes the footprint of the object or site element, are considered to be facing the specified object or site element. Building elevations projected that include no visible portions of the structure do not need to be included. See Sec. 410.B.3. (Frontage Applicable Facades) for applicability related to frontage standards. b. Exceptions
Portions of a structure that would otherwise be considered to be facing a specified object or site element which are located more than 50 feet from the specified object or site element, are not included, provided they are less than 50% of the total width of the specified object or site element measured parallel to the building elevations required.
DRAFT May 16, 2024 Pomona, California | Zoning & Development Code 12-15 Facing Facades Part 12 | General Rules
2. Street Lot Line-Facing Facades
The portions of any frontage applicable facade (Sec. 410.B.3.) having no permanent structure located between the building facade and a street lot line. a. Measurement
The portion of a building facade (when projected parallel to the primary or side street lot line) with no permanent structure located between the building facade and the applicable primary or side street lot line are considered street lot line-facing facades. >50’
>25’
Build-To Range
<50% of Total Building Width
Street
Street-Facing Exempt
ELEVATION Street-Facing Exempt
ISOMETRIC PLAN Street-Facing Exempt
b. Exceptions
Portions of a facade that would otherwise be considered to be street-facing that meet the following conditions are exempt from any requirements of street-facing facades:
1. Facades more than 50 feet from the build-to zone are not included, provided they are less than 50% of the total building width.
2. Facades that are located entirely above the 6th story and are stepped-back more than 25 feet from the exterior perimeter of the story below are not included. 12-16 Zoning & Development Code | Pomona, California DRAFT May 16, 2024 Part 12 | General Rules Facing Facades
3. Lot Line-Facing Facades
The portions of any frontage applicable facade (Sec. 410.B.3.) having no permanent structure located between the building facade and a common lot line. a. Measurement
All facades visible from a building elevation projected parallel to the lot line are considered lot line-facing.
>50’
>25’
<50% of Total Building Width
Lot Line
Lot Line-Facing Exempt
ELEVATION Lot Line-Facing Exempt
ISOMETRIC PLAN Lot Line-Facing Exempt
b. Exceptions
Portions of a facade that would otherwise be considered to be lot line-facing that meet the following conditions are exempt from any requirements of lot line-facing facades:
1. Facades set back 50 feet greater than the facade nearest to the lot line, are not included, provided they are less than 50% of the total building width.
2. Facades that are located entirely above the 6th story and are stepped-back more than 25 feet from the exterior perimeter of the story below are not included.
DRAFT May 16, 2024 Pomona, California | Zoning & Development Code 12-17 Facing Facades Part 12 | General Rules
4. Pedestrian Amenity-Facing Facades
The portions of any frontage applicable facade (Sec. 410.B.3.) having no permanent structure located between the building facade and a pedestrian amenity space. a. Measurement
1. All portions of a facade visible from the three required building elevations below are considered pedestrian amenity-facing.
Pedestrian
Amenity-Facing
Pedestrian
Amenity-Facing
Pedestrian
Amenity-Facing Exempt Exempt
>50’
Exempt
Pedestrian
Amenity
Space
>25’
Street
> 50’
<50% of Amenity Space Width
ELEVATION
ISOMETRIC PLAN
i. A building elevation from the pedestrian amenity space projected parallel to the frontage lot line,
ii. A building elevation from the pedestrian amenity space projected perpendicular to the frontage lot line oriented to the right of the frontage lot line, and iii. A building elevation from the pedestrian amenity space projected perpendicular to the frontage lot line oriented to the left of the frontage lot line. b. Exceptions
Portions of a facade that would otherwise be considered to be pedestrian amenity space-facing that meet the following conditions are exempt from any requirements of pedestrian amenity space-facing facades:
1. Facades set back 50 feet greater than the facade nearest to the lot line, are not included, provided they are less than 50% of the total width of the pedestrian amenity space.
2. Facades that are located entirely above the 6th story and are stepped-back more than 25 feet from the exterior perimeter of the story below are not included. 12-18 Zoning & Development Code | Pomona, California DRAFT May 16, 2024 Part 12 | General Rules Yard Designation
1200.J. Yard Designation
1. General
a. All portions of a lot not within the exterior walls of a building must be designated as either a primary street yard, side street yard, side yard or rear yard. b. No portions of a lot may have more than one yard designation. c. Yards are determined in the following order: (1) primary street yard; (2) side street yard, if any; (3) rear yard; and (4) any side yard.
DRAFT May 16, 2024 Pomona, California | Zoning & Development Code 12-19 Yard Designation Part 12 | General Rules
2. Primary Street Yard
a. A primary street yard includes the full width of a lot that is located between a primary street lot line and the principal building.
b. A primary street yard does not include any building facade set back at least 20 feet from the principal building’s street lot line-facing facade.
Primary Street
Side Street
PRIMARY STREET YARD
PRIMARY
STREET YARD
3. Side Street Yard
a. A side street yard includes the full depth of a lot that is located between a side street lot line and the principal or accessory building.
b. For portions of the lot width where there is no primary or accessory building, the side street yard includes only portions of the lot included in the side street setback. c. A side street yard does not include any building facade set back at least 20 feet from the principal or accessory building’s street lot line-facing facade.
Primary Street
Side Street
Setback
(Min)
SIDE STREET YARD
12-20 Zoning & Development Code | Pomona, California DRAFT May 16, 2024 Part 12 | General Rules Yard Designation
4. Rear Yard
a. A rear yard includes the full width of a lot that is located between a rear lot line and the principal building.
b. A rear yard does not include any building facade set back at least 20 feet from the principal building’s rear facade.
Primary Street
Side Street
REAR YARD
REAR YARD
5. Side Yard
The remaining portions of a lot between a side lot line and a principal building.
Primary Street
Side Street
SIDE YARD
SIDE YARD
SIDE YARD
DRAFT May 16, 2024 Pomona, California | Zoning & Development Code 12-21 Distance Part 12 | General Rules
1200.K. Yard Categories
1. Frontage Yard
Frontage yard is a category of yards referring to all yards that abut a frontage lot line including front yards and side street yards.
2. Street Yard
Street yard is a category of yards referring to all yards that abut a street right-of-way including front yards and side street yards.
1200.L. Distance
1. Distance
The shortest horizontal dimension between two points.
2. Walking Distance
Distance measured as the most direct path of travel for a pedestrian. a. Measurement
1. Walking distance is measured horizontally along the most direct route of travel on the ground in the following manner:
i. Starting at the nearest street-facing entrance accessible to the majority of tenants or residents on the subject lot;
ii. In a straight line to the nearest public sidewalk, walkway, street, or road; iii. Along a public sidewalk, walkway, street, or road; and iv. In a straight line ending at the nearest pedestrian access point to the destination use. 12-22 Zoning & Development Code | Pomona, California DRAFT May 16, 2024 Part 12 | General Rules Frequency
1200.M. Frequency
The rate at which something occurs or is repeated over a given distance.
1. Measurement
a. Spacing frequency is a ratio measured as the number of required occurrences of an object over a specified distance (displayed as occurrences:distance or occurrences per distance).
1. Occurrences of an object are measured as the total quantity of a required object located within the specified distance.
2. Specified distance is measured horizontally.
b. To calculate the number of required objects over a provided distance, divide the required occurrence of an object by the specified distance in the frequency ratio, then multiply this quotient by the applicable distance.
c. When calculating the number of required objects results in the requirement of a fractional occurrence, any fraction greater than 0.5 shall be rounded up to the nearest whole occurrence and any fraction of 0.5 or less may be may be rounded down to the nearest whole occurrence so long as at least 1 occurrence is provided.
d. Frequency standards do not preclude irregular spacing.
Required Occurance
x = Required
Occurrences
(2.5 rounded to 2) Specified Distance
( 1 )
( 30’ )
Applicable
Distance
(75’)
(Occurrences)
(Distance)
Frequency: 1 per 30’
EXAMPLE FORMULA
(Applicable Distance 75’)
DRAFT May 16, 2024 Pomona, California | Zoning & Development Code 12-23 Story Part 12 | General Rules
1200.N. Story
The portion of a building or structure included between the upper surface of a floor and the upper surface of the floor next above, except that the topmost story is that portion of a building or structure included between the upper surface of a floor and the upper surface of the ceiling structure above.
1. Ground Story
The story of a building that meets the criteria below:
a. A ground story must be designated for all portions of a building footprint. b. The ground story is the lowest story of a building or structure meeting the following standards:
1. The ground story facade must be exposed a minimum of 6 feet above finished grade along the full width of each frontage applicable facade (Sec. 410.B.3.).
2. The ground story structural floor must be no more than 6 feet above finished grade for at least 75% of its applicable building perimeter, measured cumulatively.
3. The ground story must comply with the ground story height (Sec. 4120.A.) and ground floor elevation (Sec. 4120.B.) standards specified by the applicable Frontage Module.
2. Ground Story Facade
The portions of the exterior building envelope at the perimeter of the ground story for the full height of the ground story.
3. Ground Floor
The finished floor elevation of the ground story.
4. Upper Story
Any story of a building located above the ground story.
5. Upper Story Facade
The portions of the exterior building envelope at the perimeter of the each upper story for the full height of the story.
6. Attic
The space between the ceiling framing of the top story and the underside of the roof structure. a. An attic that includes an occupiable floor area less than 50% of the floor area located on the story immediately below is not considered a story.
b. An attic that includes an occupiable floor area greater than or equal to 50% of the floor area located on the story immediately below is considered a story and shall comply with all standards applicable to upper stories and upper story facades.
12-24 Zoning & Development Code | Pomona, California DRAFT May 16, 2024 Part 12 | General Rules Story
7. Basement
An occupiable portion of a building located below the ground story.
8. Mezzainine
An intermediate level within a story of a building.
a. A mezzanine is not considered a story provided it meets the following standards:
1. The mezzanine floor area must not be greater than 1/3 of the floor area of the room or enclosed space it is included within.
Area of
Room
1 3
2. The perimeter planes of the mezzanine must consist of non-solid area, as defined in Sec. 1200.G.1.e (Non-Solid Area), with the following exceptions:
i. Those portions of the mezzanine perimeter that are formed by the walls enclosing the larger room or space the mezzanine is included within;
ii. Walls or structures enclosing permitted enclosed spaces within the mezzanine floor area, as described in Sec. 1200.N.8.a.3. below;
iii. Safety barriers, meeting the standards of Sec. 1200.G. (Enclosure).
Unenclosed
DRAFT May 16, 2024 Pomona, California | Zoning & Development Code 12-25 Opacity Part 12 | General Rules
3. Within the mezzanine floor area, a maximum of 15% of the mezzanine floor area may be enclosed.
15%
Mezzanine
Area
b. Where a mezzanine does not meet the standards above, it is considered an additional story. 1200.O. Opacity
The degree to which an object or material is impervious to rays of light or obstructs visibility.
1. Measurement
a. Opacity is measured as a percentage, calculated by dividing the solid portion of the object area by the total area of the object.
b. The total area of the object is measured as the smallest convex polygon containing all elements of the object or assembly.
FORMULA
ELEVATION Object Area
Solid Area = Opacity (%)
Solid Area
Object Area
2. Standards
a. Equivalent Transparency
Where an assembly includes materials or objects that are solid but transparent (including glass), the transparent portion of the solid area may be weighted by multiplying it by the visual light transmittance of the material specified by the manufacturer.
SAMLE CALCULATION
1 - 0.6 (VT) = 0.4 = 40% (Opacity%)
b. Visual Obstructions
Any permanent visual obstructions within a distance of 5 feet of the subject object, measured horizontal and perpendicular to the object area, renders otherwise non-solid areas solid for the purpose of measuring opacity.
12-26 Zoning & Development Code | Pomona, California DRAFT May 16, 2024 Part 12 | General Rules Irregular Lot Line
1200.P. Irregular Lot Line
Where a street lot line is curved and only abutting one street, standards measured parallel or perpendicular to that street lot line assume the angle of the lot line to be the same as a straight line connecting the endpoints of the curved lot line segment.
Building Width Building Width Street
Parallel
to lot line
Perpendicular
to lot line
Street
Parallel
to lot line
Perpendicular
to lot line
Subject Lot Line Subject Lot Line
DRAFT May 16, 2024 Pomona, California | Zoning & Development Code 12-27 Irregular Lot Line Part 12 | General Rules
Sec. 1210. General Terminology
Assessor. The county assessor of the County of Los Angeles.
Building. The word "building" includes the word "structure." Calendar. A Gregorian calendar that organizes time into days, weeks, and months.
California Massage Therapy Council (CAMTC). The California Massage Therapy Council created pursuant to the California Business and Professions Code (Sec. 4600.5.).
Certified Massage Practitioner. A person who is currently certified as a massage practitioner by the CAMTC, and who administers massage for compensation.
Certified Massage Therapist. A person who is currently certified as a massage therapist by the CAMTC, and who administers massage for compensation.
Council. The City Council of the City of Pomona.
Commission. The Planning Commission of the City of Pomona.
City. The City of Pomona.
County. The county of Los Angeles.
County Recorder. The county recorder of the County of Los Angeles.
Day. A period of 24 hours.
Development Services Director. The Director of the Development Services Department of the City of Pomona.
Federal. The government of the United States of America.
May. An expression of possibility, a permissive choice to act or not, and ordinarily implies some degree of discretion.
Massage. Any method of applying pressure on, or friction against, or stroking, kneading, rubbing, tapping, pounding, vibrating or stimulating the external parts of the body with the hands or with the aid of any mechanical or electrical apparatus, or other appliances or devices, with or without such supplementary aids as rubbing alcohol, liniment, antiseptic, oil, powder, cream, lotion, ointment, herb infused water or other similar preparations.
Massage Establishment. Any business, parlor, room, place or institution, where massage is given or administered by a Massage Technician as a service of the business establishment.
Massage Technician. Any person that is a Certified Massage Therapist or Certified Massage Practitioner, and gives, performs or administers a massage for any form of consideration.
Must. Imposes a legal obligation about a mandatory rule.
Planning Manager. The Manager of the Planning Division of the Development Services Department of the City of Pomona.
Planning Division. The Planning Division of the Development Services Department of the City of Pomona.
12-28 Zoning & Development Code | Pomona, California DRAFT May 16, 2024 Part 12 | General Rules Irregular Lot Line
State. The state of California.
Specified Anatomical Areas. Includes any of the following human anatomical areas: genitals, pubic regions, anuses or female breasts below a point immediately above the top of the areola.
Specified Sexual Activities. Includes all of the following:
• Fondling or other erotic touching of specified anatomical areas; • Sex acts including, without limitation, intercourse, or oral copulation; • Masturbation; or
• Excretory functions as part of or in connection with any specified sexual activity listed in this definition.
DRAFT May 16, 2024 Pomona, California | Zoning & Development Code 12-29 Irregular Lot Line Part 12 | General Rules
12-30 Zoning & Development Code | Pomona, California DRAFT May 16, 2024 DRAFT May 16, 2024 Pomona, California | Zoning & Development Code 13-1 Part 13.
APPENDIX
Sec. 1300. Landscape (Formerly Sec. 503-J) 13-3
1300.A. Purpose 13-3
1300.B. Intent 13-3
1300.C. Applicability 13-3
1300.D. Definitions 13-5
1300.E. Implementation Guidelines 13-11
1300.F. General Landscape Standards 13-11
1300.G. Landscape Of Unused And Undeveloped Portions Of A Site 13-14 1300.H. Edge Treatment Landscaping In For Privately-Owned Vacant Lots 13-14 1300.I. Residential Landscape Standards 13-14
1300.J. Oak Tree Preservation 13-15
1300.K. Nonresidential Landscape Standards 13-20
1300.L. Landscape Plan Approval Required 13-21
1300.M. Landscape And Irrigation Maintenance 13-21
1300.N. Cooperation with water purveyor(s) 13-23
1300.O. Minor modifications to approved landscape and irrigation plans 13-23 1300.P. General Provisions 13-23
1300.Q. Landscape Requirements 13-23
1300.R. Planting Material 13-24
1300.S. Groundcover and Shrubs 13-25
1300.T. Screening 13-25
1300.U. Landscape at Vehicular Intersections 13-25
1300.V. Landscape Documentation Package 13-25
1300.W. Elements of Landscape Documentation Package 13-26 1300.X. Plant List 13-29
1300.Y. Water-Efficient Landscape Criteria 13-32
1300.Z. Maintenance 13-32
13-2 Zoning & Development Code | Pomona, California DRAFT May 16, 2024 Sec. 1310. Signs (Formerly Sec. 503-K) 13-34
1310.A. Purpose 13-34
1310.B. Definitions 13-34
1310.C. Permit Procedures 13-37
1310.D. General Requirements 13-38
1310.E. Exempted Signs 13-39
1310.F. Prohibited Signs 13-41
1310.G. Permitted Signs 13-41
1310.H. Abatement 13-50
1310.I. Inventory and Abatement of Abandoned Nonconforming Signs 13-50 1310.J. Use Discontinued 13-51
1310.K. Proposition "L."* 13-51
DRAFT May 16, 2024 Pomona, California | Zoning & Development Code 13-3 Applicability Part 13 | Appendix
Sec. 1300. Landscape (Formerly Sec. 503-J)
1300.A. Purpose
The City promotes the value and benefits of landscapes while recognizing the need to invest water and other resources as efficiently as possible. In compliance with applicable State standards and guidelines, this Section establishes minimum landscape standards for all uses for the purpose of enhancing the appearance of developments, reducing heat and Blare, controlling soil erosion conserving water, establishing a buffer and or screen between residential and nonresidential land uses and ensuring the ongoing maintenance of landscape areas. Water conservation measures shall be addressed through landscape and irrigation design.
1300.B. Intent
The intent of the water-efficient landscape/ irrigation ordinance is:
1. That this Section be at least as effective in conserving water as the State Model Water Efficient Landscape Ordinance and consistent with Governor Brown' s April 1, 2015 Drought Executive Order B- 29- 15;
2. Establish a structure for planning, designing, installing, and maintaining and managing water efficient landscapes in new construction and rehabilitated projects;
3. Establish provisions for water management practices and water waste prevention for existing landscapes;
4. To assure beneficial efficient and responsible use of water resources;
5. To retain the land' s natural hydrological role and promote the infiltration of surface water into the ground water;
6. To recognize that landscapes enhance the aesthetic appearance of developments and communities;
7. To encourage the appropriate design, installation maintenance and management of landscapes so that water demand can be decreased runoff can be retained and flooding can be reduced without a decline in the quality or quantity of landscapes;
8. To reduce or eliminate water waste.
1300.C. Applicability
1. Beginning April 1 2017, all landscaping projects subject to this Section shall obtain a permit from the Development Services Department prior to installation of any landscaping. All planting, irrigation, and landscape related improvements required by this Section shall apply to the following landscape projects:
a. New landscape projects with an aggregate landscape area equal to or greater than 500 square feet requiring a building or landscape permit, plan check or design review; b. Rehabilitated landscape projects with an aggregate landscape a area equal to or greater than 25,000 square feet requiring a building or landscape permit, plan check or design review; 13-4 Zoning & Development Code | Pomona, California DRAFT May 16, 2024 Part 13 | Appendix Applicability
c. New or rehabilitated landscape projects between 500 and 2,500 square feet may comply with the performance requirements of this ordinance or conform to the prescriptive measures contained in Appendix A of the Guidelines;
d. New or rehabilitated projects using treated or untreated graywater or rainwater capture on site any lot or parcels within the project that has less than 2,500 square feet of landscape area and meets the lot or parcel's landscape water requirement Estimated Total Water Use entirely with the treated or untreated graywater or though stored rainwater capture on site is subject only to Appendix A of the Implementation Guidelines; e. Special Landscaped Areas with an area greater than 500 square feet such as areas dedicated to edible plants, irrigated with recycled water, or dedicated to active play and/ or a Recreational Area, shall prepare a water efficient landscape worksheet and landscape documentation package according to specifications for Special Landscaped Areas; f. Cemeteries
Recognizing the special landscape management needs of cemeteries new and rehabilitated cemeteries are limited to Sections 2. 2 and 2. 9 of the Guidelines; and existing cemeteries are limited to Section 3 of the Guidelines.
g. Vacant lots in all zoning districts and Specific Plan areas. h. Undeveloped pad areas of a new or existing commercial or industrial development project that is located along a public street, or undeveloped pad areas of a new or existing commercial or industrial project reserved for a future phase of the development or a future use that is located along a public street.
2. Other Considerations
The requirements of the Guidelines may be partially or wholly waived at the discretion of the Director of Development Services or their designee, for landscape rehabilitation projects that are limited to replacement plantings with equal or lower water needs and where the irrigation system is found to be designed, operable and programmed consistent with minimizing water waste in accordance with local water purveyor regulations.
3. Exempt Activities
The provisions of this Section do not apply to:
a. Registered local, State, or federal historical sites. b. Ecological restoration projects that do not require a permanent irrigation system. c. Mined- land reclamation projects that do„ not require a permanent irrigation system. d. Existing plant collections as part of botanical gardens and arboretums open to the public.
4. Project Continuation
Any landscape projects conducted on the same parcel of land within a 12- month period from the first landscape project submittal shall be aggregated for the purposes of determining a project' s applicability to the requirements of this Section.
DRAFT May 16, 2024 Pomona, California | Zoning & Development Code 13-5 Definitions Part 13 | Appendix
5. Relationship To Private Covenants
The architectural guidelines of a common interest development, which includes community apartment projects, condominiums, planned developments, and stock cooperatives, shall not prohibit or include conditions that have the effect of prohibiting the use of low- water use plants as a group.
1300.D. Definitions
Aggregate. A concept that pertains to production home neighborhoods, common interest developments, or other situations where multiple parcels are undergoing landscape development as one project, but may eventually be individually owned or maintained.
Applied water. The portion of water supplied by the irrigation system to the landscape.
Artificial turf. A man-made material which simulates the appearance of live turf, organic turf, grass, sod, or lawn.
Automatic irrigation controller. A timing device used to remotely control valves that operate an irrigation system. Automatic irrigation controllers are able to self-adjust and schedule irrigation event using either evaportranspiration weather- based or soil moisture data.
Backflow Prevention device. A back flow prevention device is used to protect potable water supplies from contamination or pollution due to the reverse flow of water through plumbing. This public health safety device is used to prevent pollution or contamination of the water supply due to the reverse flow of water from the irrigation system. The required type of irrigation back flow device is a reduced pressure principle assembly (RP).
Certification of Completion or Landscape Installation Certificate of Completion. The certification included as Exhibit E of the Implementation Guidelines that shall be provided to the City prior to Planning and Building Divisions final inspection pursuant to Section 2. 7 of the Guidelines.
Certification of Design or Certificate of Landscape Design. The certification included as Exhibit B of the Implementation Guidelines that shall be included in the Landscape Documentation Package pursuant to Section 2. 1 of the Guidelines.
Certified landscape irrigation auditor. A person(s) certified to perform landscape irrigation audits by an accredited academic institution a professional trade organization or other program such as the US Environmental Protection Agency's WaterSense irrigation auditor certification program and Irrigation Association' s Certified Landscape Irrigation Auditor program.
Check valve or anti- drain valve. A valve or valves located under a sprinkler head or other location in the irrigation system, to hold water in the system to prevent drainage from sprinkler heads when the sprinkler is off.
City. Refers to the City of Pomona.
Common interest developments. Refers to community apartment projects, condominium protects, tanned developments, and stock cooperatives per Civil Code Section 1351.
Conversion factor. The number that converts acre- inches per acre per year to gallons per square foot per year.
13-6 Zoning & Development Code | Pomona, California DRAFT May 16, 2024 Part 13 | Appendix Definitions
Drip irrigation. Any non-spray low volume irrigation system utilizing emission devices with a flow rate measured in gallons per hour. Low volume irrigation systems are especially designed to apply small volumes of water slowly at or near the root zone of plants.
Drought-tolerant landscaping. Landscaping that utilizes little or no irrigation through the use of water conserving materials and techniques, including but not limited to, native drought-tolerant plants, mulch and efficient irrigation.
Drought-tolerant plants. Plants that require less water because they are adopted to regions with frequent drought or soils with low water-holding capacity.
Ecological restoration project. A project where the site is intentionally altered to establish a defined indigenous, historic ecosystem.
Emitter. A drip irrigation emission device that delivers water slowly from the system to the soil.
Estimated Applied Water Use EAWU. The annual total amount of water estimated to keep plants in a healthy state. It is based on factors such as reference evapotranspiration rate, the size of the landscaped area, plant water use factors, and the irrigation efficiency within each hydrozone.
Evapotranspiration. The quantity of water evaporated from adjacent soil and other surfaces and transpired by plants during a specified time.
Evapotranspiration adjustment factor (ETAF). A factor of 0.55 for residential areas and 0.45 for nonresidential areas that when applied to reference evapotranspiration, adjusts for plant factors and irrigation efficiency, two manor influences upon the amount of water that needs to be applied to the landscape. The ETAF for new and existing non-rehabilitated Special Landscape Areas shall not exceed
1.0. The ETAF for existing non-rehabilitated landscapes is 0.8.
Evapotranspiration rate. The quantity of water evaporated from adjacent soil and other surfaces and transpired by plants during a specified time.
Flow rate. The rate at which water flows through pipes, valves and emission devices measured in gallons per minute gallons per hour, or cubic feet per second.
Front yard area. The required front yard setback area and any other areas between the front property line and the outline of the main building that is visible from the public right of way. For unique lot configurations, the Director of Development Services or designee shall determine front yard area.
Front yard landscaped area. The front yard area that is not occupied by driveways leading to directly to a required off- street parking facility or necessary walkways leading to a building structure is required to be landscaped with live vegetation, artificial turf, drought tolerant landscaping, hardscape or a combination of the four subject to the requirements of City of Pomona Model Water Efficient Landscape Ordinance Section 503-J of Zoning Code and the Guidelines.
Graywater. A system containing untreated wastewater that has not been contaminated by any toilet discharge, has not been affected by infectious contaminated or unhealthy bodily wastes and does not resent a threat from contamination by unhealthy processing, manufacturing, or operating wastes.
Graywater includes but is not limited to wastewater from bathtubs showers bathroom washbasins clothes washing machines and laundry tubs but does not include wastewater from kitchen sinks or dishwashers as per the Health and Safety Code Section 17922. 12. Graywaters stems promote the efficient use of water and are encouraged to assist in on-site landscape irrigation. All graywaters DRAFT May 16, 2024 Pomona, California | Zoning & Development Code 13-7 Definitions Part 13 | Appendix
stems shall conform to the California Plumbing Code Title 24 Part 5 Chapter 16 and any applicable local ordinance standards.
Hardscape. Any durable material ( previous and non-pervious).
Hydrozone. A portion of the landscaped area having plants with similar water needs and rooting depth. A hydrozone may be irrigated or non-irrigated.
Implementation Guidelines or Guidelines. Refers to the Water Efficient Landscape Ordinance Guidelines which shall be adopted by resolution of the Planning Commission. The purpose of the Guidelines is to provide procedural and design guidance for applicants proposing new landscape or landscape rehabilitation projects that are subject to this Section.
Infiltration rate. The rate of water entry into the soil expressed as a depth of water per unit of time (e.g., inches per hour)
Invasive and or Noxious plants species. Species of plants not historically found in California that spread outside cultivated areas and can damage environmental or economic resources. Invasive plant species may be regulated by county agricultural agencies as noxious species.
Irrigation audit. An in-depth evaluation of the performance of an irrigation system conducted by a Certified Landscape Irrigation Auditor. An irrigation audit includes but is not limited to: inspection, system tune-up, system test with distribution uniformity or emission uniformity, reporting over spray or runoff that causes overland flow, and preparation of an irrigation schedule.
Irrigation efficiency (IE). The measurement of the amount of water beneficially used divided by the amount of water applied to a landscaped area. Irrigation efficiency is derived from measurements and estimates of irrigation system characteristics and management practices, The minimum average irrigation efficiency for purposes of this Section and the Guidelines is 0.71. Greater irrigation efficiency can be expected from well designed and maintained systems. The following irrigation efficiency may be obtained for the listed irrigation heads with an IME of 90%:
Irrigation Method DULa DULL* EU IE**
Spray nozzles 65% 85% 71%
High efficiency spray
nozzles 75% 82% 73%
Multi stream/ Multi
trajectory
rotary( MSMT) nozzles
75% 85% 76%
Stream rotor nozzle 70% 82 73%
Microspray 75% 85% 76%
Bubblers 85% 77%
Drip emitter 90% 81%
Subsurface drip 90% 81%
Legend:
*DULH =.386+(.614)( DULQ) | **IE( spray)=( DULH)( IME) | ***IE(drip)= Emission uniformity(EU)(IME) Irrigation Management Efficiency( IMF). The measurement used to calculate the irrigation efficiency of the irrigation system for a landscaped project. A 90% IME can be achieved by using 13-8 Zoning & Development Code | Pomona, California DRAFT May 16, 2024 Part 13 | Appendix Definitions
evapotranspiration controllers soil moisture sensors and other methods that will adjust irrigation run times to meet plant water needs.
Landscape coefficient (Kt
). The product of a plant factor multiplied by a density factor and a micro climate factor. The landscape coefficient is derived to estimate water loss from irrigated landscaped areas and special landscaped areas.
Landscape documentation package. The package of documents that a project applicant is required to submit to the City pursuant to Section 2.1 of the Guidelines.
Landscape professional. A licensed landscape architect licensed landscape contractor, or any other person authorized to design a landscape pursuant to Sections 5500. 1, 5615, 5641, 5641. 1, 5641. 2, 5641. 3, 5641. 4, 5641. 5, 5641. 6, 6701, 7027. 5 of the California Business and Professions Code, Section 832.27 of Title 16 of the California Code of Regulations, and Section 6721 of the California Food and Agriculture Code.
Landscaped area. Refers to all planting areas turf areas and water features in a landscape design plan subject to the Maximum Applied Water Allowance and Estimated Applied Water Use calculations. The landscaped area does not include footprints of buildings or structures, sidewalks, driveways, parking lots, decker patios, gravel or stone walks, other pervious or non-pervious hardscape, and other nonirrigated areas designated for non-development (e.g., open spaces and existing native vegetation).
Landscaping. Any combination of native or exotic plants lawn artificial turf, groundcover, trees, shrubs and other plant materials, plus decorative outdoor and complementary elements such pools, fountains water features, paved or decorated walkways or surfaces of rock stone brick block or similar material (excluding driveways, parking, loading, or storage areas), and sculptural elements.
With the exception of the Corridor Specific Plan area, plants on rooftops or porches or in boxes attached to structures typically are not considered landscaping.
Lateral line. A water delivery pipeline that supplies water to the emitters or sprinklers from the valve.
Low volume irrigation. The application of irrigation water at low pressure through a system of tubing or lateral lines and low-volume emitters such as drip, drip lines and bubblers. Low volume irrigation systems are specifically designed to apply small volumes of water slowly at or near the root zone of plants.
Low volume overhead irrigation. Aboveground irrigation heads with an upper flow limit of 0.5 GPM.
Main line. A pressurized pipeline that delivers water from the water source to the valve or outlet.
Manual isolation valve. A valve such as a gate valve ball valve or butterfly valve installed downstream of the point of connection of the water supply to shutdown water flow through mainline piping for routine maintenance and emergency repair.
Master shut-off valve. An electronic valve such as a solenoid valve installed as close as possible to the point of connection and is used in conjunction with a flow sensor and flow monitoring controller technology to automatically shutdowns stem wide water flow in the event of high flow conditions such as mainline pipe break.
Maximum Applied Water Allowunce MAWA . Refers to the upper limit of annual a lied water for the established landscaped area, as specified in Section 2. 2 of the Guidelines. It is based upon the area's reference evapotranspiration, the ETAF and the size of the landscaped area. The Estimated Applied Water Use shall not exceed the Maximum Applied Water Allowance.
DRAFT May 16, 2024 Pomona, California | Zoning & Development Code 13-9 Definitions Part 13 | Appendix
Microclimate. The climate of a small, specific area that may contrast with the climate of the overall landscaped area due to factors such as wind sun exposure, plant density, or proximity to reflective surfaces.
Mined-land reclamation projects. Any surface mining aeration with a reclamation plan approved in accordance with the Surface Mining and Reclamation Act of 1975.
Mulch. Any organic material such as leaves, bark, straw or compost or inorganic mineral materials such as rocks ravel or decomposed granite left loose and applied to the soil surface for the beneficial purposes of reducing evaporation, suppressing weeds, moderating soil temperature, and preventing soil erosion.
Non- pervious or Impervious. Any surface or material that does not allow for the passage of water through the material and into the underlying soil.
Operating pressure. The pressure at which the parts of an irrigation system of sprinklers are designed to operate at by the manufacturer.
Overspray. The irrigation water which is delivered beyond the target area.
Parkway. That portion of the public right- of-way between the curb and sidewalk or, where no sidewalk is provided, between the curb and adjacent private property line. A Parkway generally includes landscape improvements.
Person. Any natural person, firm joint venture joint stock company, partnership, public or private association club company, corporation, business trust organization, public or private agency, government agent or institution, school district, college university, any other user of water provided by the City or the local water purveyor, or the manager, lessee agent, servant officer, or employee of any of them or any other entity which is recognized by law as the subject of rights or duties.
Pervious. Means any surface or material that allows the passage of water through the material and into the underlying soil.
Plant actor or Plant water use factor. A factor, when multiplied by ETo that estimates the amount of water needed by plants. For purposes of this Water Efficient Landscape Ordinance, the plant factor range for very low water use plants is 0 to 0.1; the plant factor range for low water use plants is 0 to 0.3; the plant factor range for moderate water use plants is 0.4 to 0.6; and the plant factor range for high water use plants is 0.7 to 1.0. Plant factors cited in the Guidelines are derived from the Department of Water Resources 2000 publication "Water Use Classification of Landscape Species." Precipitation rate. The rate of application of water measured in inches per hour.
Project applicant. The individual or entity submitting a Landscape Documentation Package required under Section 2.1 to request a permit, plan check or design review from the City. A project applicant may be the property owner or his or her designee.
Property owner. The record owner of real property as shown on the most recently issued equalized assessment roll.
Rain sensor or Rain sensing shutoff device. A component which automatically suspends irrigation when it rains.
Recreational area. An areas excluding private single family residential areas designated for active play; recreation or public assembly in parks, sports fields picnic grounds, amphitheaters; golf 13-10 Zoning & Development Code | Pomona, California DRAFT May 16, 2024 Part 13 | Appendix Definitions
course tees fairways, roughs, surrounds and greens; private recreational or assembly space as part of a comprehensive Project that otherwise meets the intent of this Section and other active or recreational play areas as determined by the Development Services Director.
Recycled water or Reclaimed water. Treated or recycled waste water of a quality suitable for nonpotable uses such as landscape irrigation and water features. This water is not intended for human consumption.
Reference evapotranspiration (ETo). A standard measurement of environmental parameters which affect the water use of plants. ETo is given expressed in inches per day, month or year as represented in Appendix C of the Guidelines and is an estimate of the evapotranspiration of a large field of four to even-inch tall cool-season grass that is well watered. Reference evapotranspiration is used as the basis of determining the Maximum Applied Water Allowances.
Rehabilitated landscape. Any re-landscaping project that requires a permit, plan check or design review, meets the requirement of Section 1.2 of the Guidelines and the modified landscape area is equal to or greater than 2,500 square feet.
Runoff. Water which is not absorbed by the soil or landscape to which it is applied and flows from the landscape area. For example, runoff may result from water that is applied at too great a rate application rate exceeds infiltration rate) or when there is a slope.
SMART irrigation controller or Soil moisture sensor. A weather-based or soil moisture-based irrigation controller that monitors and uses information about the environmental conditions at a specific location and landscape to automatically adjust watering schedules.
Soil texture. The classification of soil based on its percentage of sand silt and clay.
Special Landscaped Areas (SLA). Areas of the landscape dedicated solely to edible plants such as orchards and vegetable gardens, areas irrigated with recycled water, water features using recycled water, and areas designated as a Recreational Area.
Sprinkler head. A device which delivers water through a nozzle.
Static waterpressure. The pipeline or municipal water supply pressure when waster is not flowing.
Station. An irrigated area served by one valve or by a set of valves that operate simultaneously.
Swing joint. An irrigation component that provides a leak-free connection between the emission device and lateral pipeline to allow movement in any direction and to prevent equipment damage.
Turf. A ground cover surface of mowed grass Annual bluegrass Kentucky bluegrass, Perennial ryegrass, Red fescue, and Tall fescue are cool-season grasses. Bermudagrass, Kikuyugrass. Seashore Paspalum St. Augustine grass, Zoysiagrass and Buffalo grass are warm season grasses.
Valve. A device used to control the flow of water in an irrigation system.
Visible street side yard. For purposes of this Section and the Guidelines means any street side yard that is visible from the public right of way, that shall be improved as further described in this Section and the Implementation Guidelines.
Water-efficient irrigation system. A system which is scheduled and managed to Supply moisture to a landscape without excess or waste.
DRAFT May 16, 2024 Pomona, California | Zoning & Development Code 13-11 General Landscape Standards Part 13 | Appendix
Water-efficient landscape. Landscaping materials that are designed and maintained to function in a healthful and visually pleasing manner with limited water use including plants which have minimal water requirements for subsistence plants native to hot/dry environments and xeriscape plants.
Water efficient landscape ordinance. Refers to Section 5031 of the City of Pomona Zoning Code.
Water efficient landscape worksheet. The worksheet required to be completed pursuant to Section 2. 2 of the Guidelines and which are included in Appendix C of the Guidelines.
Water feature. A design element or elements where open water performs an aesthetic or recreational function. Water features include ponds, lakes waterfalls fountains artificial streams spas, and swimming pools (where water is artificially supplied). The surface area of water features is included in the high water use hydrozone of the landscaped area. Constructed wetlands used for on-site wastewater treatment habitat protection, or storm water best management practices that are not irrigated and used solely for water treatment or storm water retention are not water features and therefore are not subject to the water budget calculation.
Watering window. The time of day irrigation is allowed on landscaped surfaces.
WUCOLS. Refers to the Water Use Classification of Landscape published by the University of California Cooperative Extension the Department of Water Resources and the Bureau of Reclamation 2000. www.owue.water.ca.gov/docs/wucols00
1300.E. Implementation Guidelines
Water Efficient Landscape Ordinance Guidelines shall be adopted by resolution of the Planning Commission.
1300.F. General Landscape Standards
These standards shall apply to all parcels within the City.
1. Water Efficient Landscape Ordinance Guidelines (Implementation Guidelines), adopted by resolution of the City of Pomona Planning Commission shall establish criteria for the design and review of landscape and irrigation plans, and such criteria shall be adhered to in the design of landscape and irrigation plans as required by this Section.
2. Trees may be planted in any required yard area. All required trees shall be of a minimum size of 15 gallons, unless a larger size is specified in project conditions of approval. In limited cases smaller tree sizes may be approved if the Director determines that long-term tree growth potential is improved by smaller specimens.
3. With the exception of properties within the Downtown Pomona Specific Plan and the Corridor Specific Plan areas landscaping shall be maintained in all yard areas viewable from adjacent public right of way along any property line and all yard areas that are viewable from an adjacent public right of way that are between structures. In all zones a permanent irrigation system shall also be maintained in the yard areas.
4. For properties facing an alleyway along the rear and/ or the side property lines landscaping shall be maintained in all yard areas and areas between structures that are viewable from the alleyway. 13-12 Zoning & Development Code | Pomona, California DRAFT May 16, 2024 Part 13 | Appendix General Landscape Standards
5. Landscape planting shall emphasize drought-tolerant and native species, complement the architectural design of structures on the site and be suitable for the soil and climatic conditions of the site consistent with the requirement of this Section.
6. Transformers shall be screened with dense landscaping or walls similar to those required for trash enclosures and shall not be located within open space recreation areas. They shall be located away from public view wherever possible and shall not impede pedestrian or vehicular circulation. Where feasible transformers should be placed underground.
7. Use of artificial turf is regulated by both standards within this Section and in the Implementation Guidelines. The use of artificial turf requires Development Services Department approval before installation.
8. All required landscape setback areas including front rear, side street side and landscaped areas within parking lots shall meet the following requirements:
a. All landscaped areas that may be counted toward required landscaping must have a minimum width of three feet not inclusive of curb or wall. b. A minimum of six percent of the total off-street parking area shall be landscaped with at least one fifteen-gallon minimum size tree per each five parking stalls (which may be clustered or grouped) and appropriate shrubs and groundcover. Setback areas required to be landscaped by other sections of this code shall not be considered part of the required parking lot landscaping.
c. A minimum of a ten-foot wide planter area shall be provided between the parking area and all property lines adjacent to a public street.
d. All landscaping shall be continuously maintained free of weeds debris litter or temporary signage.
e. All landscaped area except designated hydrozones shall be provided with an automatic irrigation system.
f. Landscape materials trees shrubs groundcover, turf and other vegetation, and planting symbols shall be clearly drawn and plans labeled by botanical name, common name, container size, spacing and quantities of each group of plants indicated. g. For multifamily projects of five units or more and for new commercial industrial and institutional projects, a landscaping maintenance bond shall be required and held for a period of one year to ensure the project's compliance with the approved landscaping pIan.
Amount shall be determined by the Development Services Director or their designee. h. The percentage of turf for commercial and industrial development shall not exceed fortyfive percent of the required landscaping area and multifamily residential development shall not exceed seventy-five percent of the required landscaping area.
9. All planting of trees shall meet the following requirements:
a. No trees shall be planted under any eave overhang or balcony. b. All trees in landscape planters ten feet in width or less and located closer than five feet from any permanent structure shall be provided with tree root barriers.
DRAFT May 16, 2024 Pomona, California | Zoning & Development Code 13-13 General Landscape Standards Part 13 | Appendix
c. All trees shall be staked as determined by the standards maintained by the Development Services Department.
d. Minimum width of all planters shall not be less than five feet clear, interior dimensions not inclusive of retaining curb or wall. All areas which require twenty-four-inch box trees shall have planters of not less than five feet not inclusive of retaining curb or wall. e. Number of trees:
i. Parking Area: One per five spaces.
ii. Street setbacks: One per twenty feet
iii. Balance of site: One per six hundred square feet (less parking area buildings, and structures).
10. The planting of groundcover and shrubs and the use of groundcover materials shall meet the following requirements:
a. All areas required to be landscaped shall be covered with turf, non-deciduous groundcover, shrubs or other types of plants which are predominantly drought tolerant. b. Minimum of two five-gallon size shrubs shall be provided every six feet of distance along perimeter planter areas.
c. Groundcover shall be used throughout and be planted at least six inches on center. No artificial groundcover shall be accepted.
d. Materials such as crushed rock, wood chips, pebbles and stone may be allowed up to fifteen percent of the total required landscaping area. Artificial plants and synthetic ground covers are prohibited.
11. Landscaping shall be required to screen storage areas trash enclosures, parking areas, public utilities, freeways, highways and other similar land uses or elements that do not contribute to the aesthetic enhancement of the natural environment surrounding area. Where plants are required for screening, such screening shall consist of the use of evergreen shrubs and/ or trees closely spaced Berming shall be encouraged as an effective screening measure for parking lots and where adjacent site areas are contiguous to street frontages, Such berming shall not exceed thirty-six inches above the highest adjacent curb.
12. Where parking areas are adjacent to other properties along, the side and rear lot lines perimeter landscaping with a minimum depth of four feet not inclusive of retaining curbs and walls is required.
13. Landscape at vehicular intersections shall meet the following requirements:
a. Landscaping at major entry points are considered the focal points for landscaping emphasis and shall contain accent landscaping through a variety of trees, flowers and shrubs with special concern for visibility and safety.
b. Within twenty feet of street/ driveway intersections no landscaping material other than trees shall exceed a maximum height of thirty- six inches above the adjacent concrete curb. c. No berming at street entrances and parking lot access way intersections shall exceed a height of thirty-six inches above the highest adjacent curb. 13-14 Zoning & Development Code | Pomona, California DRAFT May 16, 2024 Part 13 | Appendix Landscape Of Unused And Undeveloped Portions Of A Site d. All trees whether singularly laced or placed in clusters shall not inhibit visibility for vehicular and pedestrian movement.
e. Parking may be designed to overhang landscaped areas. Maximum permitted overhang is three feet where planter areas have a minimum dimension of five feet or more. Otherwise concrete wheel stops shall be installed. Any broken or damaged wheel stops shall be replaced.
1300.G. Landscape Of Unused And Undeveloped Portions Of A Site
All areas of a site not intended for a specific use or purpose in conjunction with a current application, including vacant or undeveloped pad sites in shopping centers held for future development, shall be fully landscaped and irrigated with an automatic irrigation system. Landscaping shall include a combination of trees shrubs ground cover, turf, and/or approved decorative landscape materials as approved by the Development Services Director or their designee, and in compliance with this Section.
1300.H. Edge Treatment Landscaping In For Privately-Owned Vacant Lots
Privately-owned vacant lots in all zoning districts and Specific Plan areas shall be fully landscaped, irrigated, and maintained along the edge area abutting any public right of way. The landscaped areas shall extend at least ten feet into the lot. Landscaping, irrigation, and maintenance shall meet the requirements of this Section and the Implementation Guidelines. Said landscaping shall be installed within a year from the effective date of this Section. For privately-owned vacant lots with an active entitlement application, edge treatment landscaping shall be installed within one year after the building permit's final inspection, or as otherwise stated in conditions of the entitlement approval.
The remainder of the site shall be secured with approved fencing material shall be maintained free of weed and debris at all times and shall meet all fence and maintenance requirements of the Zoning Ordinance and City Code.
1300.I. Residential Landscape Standards
The following standards shall apply to all parcels in all residential zones.
1. A minimum of 20 percent of the entire parcel shall be fully landscaped with plant materials.
2. The front yard landscaped area and visible street side yard shall be landscaped with live vegetation artificial turf, drought-tolerant landscaping or a combination of the three as further described below:
a. Live vegetation may include turf, trees shrubs, groundcover, flowers or other similar vegetation.
b. Artificial turf is allowed in the front yard landscape area and visible street side yards subject to the following limitations:
i. Artificial turf is allowed for up to 40% of the front yard landscape area. ii. For visible street side yards, up to 40% of artificial turf is allowed. Visible street side yard shall include a minimum of 50% live vegetation.
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iii. Artificial turf is prohibited under the dripline of any oak tree. c. Drought tolerant landscaping shall include native water conserving plants. See Section 4.3 of the Guidelines.
3. For properties facing an alleyway along the rear and/or the side property line(s), landscaping shall be maintained in all yard areas and areas between structures that are viewable from the alleyway.
4. Artificial turf is not permitted within the parkway.
5. Bare dirt is not permitted within the front yard, visible street side yard or within the parkway. All bare dirt areas shall be finished with a minimum three inch thick layer of mulch organic bark or earth-toned colored rubber bark.
6. Parking lots for multi- family developments providing 10 or more parking spaces shall be landscaped per the requirements of Section 503-J.I.
1300.J. Oak Tree Preservation
1. Purpose and Intent
a. The purpose of this Section is to promote the public health, safety and welfare by providing for the preservation of mature Oak trees located within the City. Such Oak trees enhance neighborhood aesthetics, provide shade, aid in erosion control and generally enhance the quality of life.
b. It is the intent of this Section to establish regulations for the protection of mature Oak trees located on public and private property that are not currently protected under existing regulations so as to retain as many of these trees as possible consistent with the reasonable enjoyment of such property.
2. Definitions
Deadwood. Means any limbs, branches or portion of a tree that contains no green leaves during a period of the year when they should be present.
Historic District. Means any area that has been designated as a historic district pursuant to Section .5809-13 of the Zoning Ordinance and placed on the historic register.
Historic Landmark. Means any improvement or natural feature that has been designated a single historic landmark of the City of Pomona pursuant to Section .5809-13 and placed on the historic register.
Specimen Tree. Means any tree designated as a "specimen tree" pursuant to City Council Resolutions No. 62-65 and No. 73-68.
Table 1: Oaks Currently Designated as Specimen Trees
Number Common Name Location Address
4 California Live Oak Old City Hall Old 200 block W.
Mission
1 California Live Oak Mt. San Antonio
Gardens yard 900 E. Harrison
13-16 Zoning & Development Code | Pomona, California DRAFT May 16, 2024 Part 13 | Appendix Oak Tree Preservation
Number Common Name Location Address
1 Deciduous Oak Old City Hall 200 block W. Mission
1 Southern Live Oak Front yard 1837 Berkshire
3. Applicability
The provisions of this Section shall apply to Oak trees of all species that have a diameter greater than eight (8) inches as measured 4.5 feet above the mean natural grade, are located outside of designated Historic Districts and Historic Landmarks and have not been designated as Specimen Trees. Such Oak trees may be located on either public or private property.
4. Permit Process
No person shall trim, prune, cut, relocate or remove any Oak tree subject to the provisions of this Section unless a valid Major or Minor Oak Tree Permit has been issued by the City pursuant to provisions of this Section.
a. Major and Minor Oak Tree Permits
Minor Oak Tree Permits are subject to administrative review by the Planning Manager and City Arborist. Major Oak Tree Permits are subject to a public hearing before the Planning Commission.
Not less than ten (10) days before the date set for the Planning Commission hearing, notice of the hearing shall be published in a daily newspaper of general circulation and mailed to owners and occupants of property located within a radius of four hundred (400) feet from the external boundaries of the property described in the OTP application.
Table 2: Required Oak Tree Permits (OTPs)
Project Type Private Property City Property
Trim one or more Oaks Minor OTP Exempt*
Relocate one or more Oaks Major OTP Major OTP
Remove one or more Oaks Major OTP Major OTP
*Exemption applies to City Arborist initiated trimming. For additional exemptions, see Subsection E below.
b. Review and Recommendation by City Arborist
All applications for Major and Minor Oak Tree Permits are subject to review and recommendation by the City Arborist before final approval of an Oak Tree Permit by the Planning Commission or Planning Manager.
c. Trimming
All Oak trees subject to the provisions of this Section shall be trimmed under the direction of a certified arborist in a manner that is consistent with the adopted trimming policies outlined in the City of Pomona Street Tree Policy Manual and ISA standards.
DRAFT May 16, 2024 Pomona, California | Zoning & Development Code 13-17 Oak Tree Preservation Part 13 | Appendix
d. Application Requirements for Minor Oak Tree Permits
On forms available in the Planning Division, an application for a Minor Oak Tree Permit for trimming shall be submitted, together with any required fee, to the Planning Division. The application shall include recent photos of each Oak tree proposed to be trimmed. e. Application Requirements for Major Oak Tree Permits
An application for a Major Oak Tree Permit for relocation or removal shall be submitted, together with any required fee, to the Planning Division. The application shall contain the following information and items:
1. A statement as to the reasons for the proposed relocation or removal;
2. The number, species and size (diameter measured 4.5 feet above the mean natural grade) of the Oak tree(s) proposed to be relocated or removed;
3. A site plan showing the location of all trees on the subject property in relation to existing and proposed structures and improvements such as buildings, streets, sidewalks, fences, slopes, retaining walls, public right-of-way or improvement, etc.;
4. Photographs of the Oak tree(s) proposed to be relocated or removed;
5. Proposed method of removal or relocation;
6. Identification of the relocation site and methods of site preparation; and
7. Verification by the City Arborist of the health of any Oak tree declared diseased, infested or dying.
f. Findings for Major Oak Tree Permits
A Major Oak Tree Permit for relocation or removal may only be approved based on the following findings:
1. The proposed relocation or removal of the Oak tree(s) will not result in soil erosion through the diversion or increased flow of surface waters which cannot be satisfactorily mitigated;
2. The proposed relocation or removal of the Oak tree(s) is necessary as continued existence at the present location impedes the planned improvement or proposed use of the subject property to such an extent that:
i. Alternative development plans cannot achieve the same permitted density or the cost of such alternative would be prohibitive, or
ii. Placement of the Oak tree(s) precludes the reasonable and efficient use of such property for a use otherwise authorized;
3. The proposed trimming, cutting and pruning will be limited to the minimum necessary to promote the health of the tree and protect the public safety, and whenever possible trees should remain in place or be moved only the minimum distance necessary to preserve the health of the tree and protect the public safety.
13-18 Zoning & Development Code | Pomona, California DRAFT May 16, 2024 Part 13 | Appendix Oak Tree Preservation
4. The Oak tree(s) proposed for relocation or removal interferes with utility services or streets and highways, either within or outside of the subject property, and no reasonable alternative to such interference exists other than the relocation or removal of the Oak tree(s);
5. The condition of the Oak tree(s) proposed for removal with reference to seriously debilitating disease or danger of falling is such that it cannot be remedied through reasonable preservation procedures and practices; and
6. The proposed relocation or removal of the Oak tree(s) will not be contrary to or in substantial conflict with the purpose and intent of the Oak Tree Permit process. g. Appeals
Within ten (10) calendar days of a determination on a Minor Oak Tree Permit by the Planning Manager or a determination on a Major Oak Tree Permit by the Planning Commission, the application for an Oak Tree Permit may be appealed to the Planning Commission in the case of the Planning Manager's decision or to the City Council in the case of the Planning Commission's decision. The appeal shall be submitted to the Planning Division on forms available in the Planning Division.
5. Exemptions
a. The following activities are exempt from the requirements of the Oak Tree Permit process:
1. City Arborist initiated trimming of Oak trees located on City property only when the minimum amount of trimming needed will be carried out to foster and preserve the health and aesthetics of the tree, or to correct or prevent a potentially dangerous or hazardous condition posing an immediate threat to public health, safety and welfare subject to all provisions of Section .5809-23 D 6. Findings for Major Oak Tree Permits;
2. Removing the dead wood from Oak trees located on private and City property without damaging any living portions of the trees;
3. Trimming, relocation or removal of Oak trees planted, grown or held for sale by a licensed nursery or tree farm;
4. Trimming, relocation or removal of Oak trees located on property within a rail road right-ofway;
5. Trimming, relocation or removal of Oak trees located on property owned by Caltrans or the Los Angeles County Flood Control District; and
6. Trimming, relocation or removal of Oak trees that the City Arborist determines are dangerous or hazardous and pose an immediate threat to the public health, safety and welfare.
7. Utility company or utility service trimming, relocating or removal of an Oak tree(s) when the City Arborist or a State licensed, City approved arborist provides documentation that the trimming, relocation or removal is needed to correct or prevent a potentially dangerous or hazardous condition posing an immediate threat to the public health, safety and welfare. Said trimming, relocating or removal shall be proposed and completed in a manner to preserve, to the fullest extent possible, the tree in place, with the minimum physical alteration needed to preserve the health of the tree and protect public safety.
DRAFT May 16, 2024 Pomona, California | Zoning & Development Code 13-19 Oak Tree Preservation Part 13 | Appendix
b. Within ten (10) days of completing said trimming, the City Arborist or the State licensed, City approved arborist shall perform a field inspection of the completed work on the tree(s) in question and shall provide written documentation that the work was completed in conformance with all standards and requirements contained within Section .5809-23 "Oak Tree Preservation."
6. Permit Expiration
An approved Major or Minor Oak Tree Permit shall be valid for not more than thirty (30) calendar days from the date of Permit approval. One (1) thirty (30) day extension may be granted by the Planning Manager without fee.
7. Final Oak Tree Permit Inspection
a. Within seventy-two (72) hours of the completion of any trimming, cutting, pruning, relocation or removal of an Oak tree(s) under an approved Major or Minor Oak Tree Permit, the permittee shall contact the Planning Division to request a final inspection. Said inspection shall be completed by the City Arborist within seventy-two (72) hours of the Planning Division's having received the inspection request to verify that all work was performed in conformance with the approved Oak Tree Permit and this Ordinance.
b. Unless a final inspection is requested and completed within thirty (30) calendar days following the approval of a Major or Minor Oak Tree Permit, or an extension thereof, the City Arborist shall perform a field inspection to verify that all work was completed in conformance with the approved Oak Tree Permit and this Ordinance.
c. If the final inspection determines that the work performed was not completed in conformance with the approved Oak Tree Permit or the Ordinance, then the work shall be corrected within seven (7) calendar days following written notice from the Planning Manager of said non-conformance, or within a time period approved by the Planning Manager. Failure of the permittee to complete the required corrections shall be deemed to constitute a misdemeanor as noted in herein for each tree identified within the Oak Tree Permit which was not altered in compliance with said Permit and this Ordinance. Further, upon conviction of a misdemeanor for violation of this section, if any Oak tree identified within the approved Oak Tree Permit dies within three (3) years of the date of conviction, then the person so convicted shall be required to pay to the City the dollar amount for a replacement tree of equal size, including installation costs. The dollar replacement value shall be determined by the criteria set forth by the International Society of Arboriculture (ISA). Said dollar value shall be remitted to the City and used only to install a new Oak tree(s) within the same City Council district where the dead tree(s) was originally located.
8. Oak Tree Replacement and Mitigation
a. The planting of replacement trees or other mitigation measures shall be included as conditions of permit approval for the removal of Oak trees subject to the provisions of this Section. b. For residential property, the removal of each Oak tree will require replacement with a minimum twenty-four (24)-inch-box Oak tree on a one-to-one basis. For institutional, commercial or industrial property, the removal of each Oak tree will require replacement with a minimum thirty-six (36)-inch-box Oak tree on a one-to-one basis. Additional or larger trees and other vegetation may be required as conditions of permit approval, if they are determined to be 13-20 Zoning & Development Code | Pomona, California DRAFT May 16, 2024 Part 13 | Appendix Nonresidential Landscape Standards
necessary to compensate for the loss of the original Oak tree(s) and/or to aid in erosion control or to otherwise protect the environment from the effects of the tree removal. c. Replacement Oak trees must be planted on the property where the Oak trees were removed.
However, if an appropriate replanting location does not exist, the replacement trees may be donated to the City or their monetary value may be paid to the City to the satisfaction of the City Arborist. Any monies paid shall be used to purchase an Oak tree(s) for planting within the City in a location(s) recommended by the City Arborist.
9. Penalties
Any person who trims, prunes, cuts, relocates or removes an Oak tree(s) tree with a diameter greater than eight (8) inches as measured 4.5 feet above the mean natural grade in violation of this Section shall be deemed guilty of a misdemeanor and, upon conviction, may be punished as set forth in Section 1-7 (c) of the Pomona City Code. Further, if any Oak tree(s) so trimmed, pruned, cut, relocated or removed dies within three (3) years of the date of conviction, then the person so convicted shall be required to pay to the City the dollar amount for a replacement tree of equal size, including installation costs. The dollar replacement value shall be determined by the criteria set forth by the International Society of Arboriculture (ISA). Said dollar value shall be remitted to the City and used only to install a new Oak tree(s) within the same City Council district where the dead tree(s) was originally located.
1300.K. Nonresidential Landscape Standards
With the exception of properties within Specific Plan areas where the nonresidential landscape standards are defined in the Specific Plans, all new and rehabilitated landscaping plans undertaken in conjunction with any private development project on commercial industrial mixed- use and other nonresidential properties, or those projects requiring a grading, building, use permit, or site plan and design review, as required by this Section shall comply with the following standards.
1. All unpaved areas including those portions of required yard areas not utilized for vehicular and pedestrian access shall be landscaped with plant material including some combination of trees shrubs groundcover, and turf. Mulch bark and similar landscaping materials may be incorporated into the landscape design.
2. A minimum of 15 percent of the parcel area shall be landscaped, exclusive of the parking lot area and any landscaping required within the parking lot.
3. A minimum of 75% of the landscape area must be landscaped with live plants. The remaining area may utilize boulder, rocks decomposed granite, water features or other hardscapes subject to approval from the Development Services Department.
4. All landscaped areas shall be provided with an automatic irrigation system, unless the Director finds that such an irrigation system, due to the size location or configuration of the landscaped area cannot reasonably be installed and maintained.
5. To achieve an immediate effect of a landscape installation and to allow sustained growth of planting materials plant material sizes and plant spacing shall comply with the following standards unless the Director finds that alternative sizes and planting will achieve the same or similar desired effects:
DRAFT May 16, 2024 Pomona, California | Zoning & Development Code 13-21 Landscape And Irrigation Maintenance Part 13 | Appendix a. The minimum plant size for trees shall be 15 gallons unless otherwise specified by the provisions of this Section. Trees planted within 10 feet of a street sidewalk, paved trail, or walkway shall be a deep- rooted species or shall be separated from paved surfaces by a root barrier to prevent physical damage to public improvements. A minimum distance of 15 feet is required between the center of trees to street light standards, water meters, back- flow prevention systems, sewer clean-outs and fire hydrants. b. The minimum plant size for shrubs shall be five gallons. c. Groundcover, including turf, shall be planted in a manner to provide 100 percent coverage within one year of initial planting.
6. Lots with freeway frontage shall provide and maintain freeway frontage landscaping.
7. Parking lot landscaping shall be provided per the re requirements of Section 503- J. I. except when the property is Located in a Specific Plan area and parking lot development standards are specified in the Specific Plan.
8. Artificial turf is not permitted within in the parkway.
9. Artificial turf is discouraged on non- residential properties, Use of artificial turf is only allowed in special circumstances as approved by the Development Services Director.
10. Bare dirt is not Permitted within the front yard, visible street side yard or within the parkway. All bare dirt areas shall be finished with a minimum three inch thick layer of mulch, organic bark or earth- toned colored rubber bark.
1300.L. Landscape Plan Approval Required
1. Required landscape plan. Except as otherwise specified in this Section any application for any development that requires a grading permit, building permit, use permit, or site plan and design review shall include landscape and irrigation plans which provide for the utilization of low- water usage irrigation systems and a landscape design consistent, with the requirements of this Section. The plans shall be prepared by a licensed landscape architect or other licensed professionals as allowed by the State law.
2. Review required. The plan shall contain the information described in the Implementation Guidelines and shall be subject to review and approval by the Director for compliance with the landscape design criteria contained in this Section. The review process represents the basis for approval or denial of a landscape design proposal. No grading, building, use permit, or site plan and design approval can be issued until a project has received approval from the Director.
3. Full construction drawings required. Following the granting of all required planning and subdivision approvals, full construction drawings shall be submitted to the Building Division for plan check approval. Drawings submitted for plan check shall include the entire Landscape Documentation Package described in the Implementation Guidelines including the approved Preliminary Landscape Design Plan. The Landscape Design Plan shall be in substantial conformity with the approved Preliminary Landscape Design Plan prior to issuance of building permits. 1300.M. Landscape And Irrigation Maintenance
1. Landscape maintenance. Landscaping and vegetation shall be maintained as follows:
13-22 Zoning & Development Code | Pomona, California DRAFT May 16, 2024 Part 13 | Appendix Landscape And Irrigation Maintenance a. All landscaped areas shall be kept and maintained in a manner that does not detract from the appearance of the immediate neighborhood, and that protects the health, safety, and welfare of the user, occupants, and general public.
b. Landscaped areas shall be kept and maintained in a neat and clean condition free of weeds debris and dead diseased or dying vegetation, and broken or defective decorative elements. c. Vegetation in landscaped areas shall be mowed, groomed, trimmed, pruned, and watered to maintain a healthy, growing condition.
d. Vegetative overgrowth shall not be permitted in a manner that is likely to harbor rodents vermin, insects, or other nuisances; or impedes, obstructs, or denies pedestrian or other lawful travel on sidewalks, walkways, or other public rights- of-way. e. All property owners shall water, weed and otherwise maintain landscaping in the parkway portions of adjoining streets, including street trees.
2. Irrigation systems shall be maintained as follows:
a. Irrigation s stems shall be kept in good working condition and repair to prevent leaks or public health hazards.
b. Water waste resulting from inefficient landscape irrigation leading to excessive runoff, lowhead drainage, overspray, and other similar conditions where water flows onto adjacent property, non- irrigated areas, walks, or structures, shall be minimized. c. Irrigation systems and their components shall be maintained in a fully functional manner consistent with the originally approved design and the provisions of this Section. d. Landscapes shall be maintained to ensure water efficiency. A regular maintenance schedule should include but not be limited to checking, adjusting and repairing irrigation equipment; resetting the automatic controller; aerating and dethatching turf areas; replenishing mulch; fertilizing pruning; and weeding in all landscaped areas.
3. Artificial turf shall be maintained as follows:
a. All artificial turf areas shall be kept and maintained in a manner that does not detract from the appearance of the immediate neighborhood, and that protects the health safety, and welfare of the user, occupants, and general public.
b. Artificial turf areas shall be kept free of animal waste rubbish, leaves, sand, rocks, algae mold, fungi, natural grass and/ or weeds.
c. Artificial turf seams, joints and edges shall be inconspicuous and not allowed to cause tripping or other hazards.
d. Artificial turf that is discolored deteriorated matted torn stained shows excess wear or is otherwise unsightly or neglected shall be repaired or replaced to the satisfaction of the City. e. Artificial turf infill material shall be maintained at adequate levels to allow proper use of the turf. Infill materials shall not be allowed to accumulate within the artificial turf area or otherwise be visible from the public right-of-way. Sweeping, raking or otherwise redistributing infill material on a regular basis is required.
DRAFT May 16, 2024 Pomona, California | Zoning & Development Code 13-23 Landscape Requirements Part 13 | Appendix
1300.N. Cooperation with water purveyor(s)
Local agencies may collaborate with water surveyors to define each entity's specific responsibilities relating to this ordinance. The City of Pomona is the water surveyor for this service area to implement all of the requirements contained in this ordinance. 1300.O. Minor modifications to approved landscape and
irrigation plans
The Director may approve minor changes to approved landscape, irrigation, and related plans, subject to the following criteria:
1. Minor modifications to approved landscaping and irrigation, or grading plans which comply with the spirit and intent of this Section including but not limited to revising or substituting plant varieties, container sizes, plant locations irrigation specifications, hardscape a components, berm heights, berm locations, slope features, and the like.
2. Modifications of planting, installation and/ or soil preparation details. 1300.P. General Provisions
1. General landscaping requirements as defined herein shall be provided in all zones for the following:
a. All new and rehabilitated landscaping for private and public development projects that require a grading permit, building permit or use permit;
b. Developer shall install landscaping in single-family and multifamily residential projects; c. All landscaping shall be designed according to the latest standards as adopted by the American Society of Landscape Architects.
2. This section shall not apply to:
a. Homeowner-provided landscaping at existing single-family and multifamily residential projects of four units or less;
b. Cemeteries;
c. Ecological restoration projects that do not require a permanent irrigation system; d. Any project with a landscaped area less than two thousand five hundred square feet; e. Existing multifamily parcel(s) which do not increase the existing floor area by twenty-five percent; or
f. Registered historical sites.
1300.Q. Landscape Requirements
1. All required landscaped setback areas, including front, rear, side, street side and landscaped areas within parking lots shall meeting the following requirements:
a. All landscaped areas that may be counted toward required landscaping must have a minimum width of three feet, not inclusive of curb or wall.
13-24 Zoning & Development Code | Pomona, California DRAFT May 16, 2024 Part 13 | Appendix Planting Material
b. A minimum of six percent of the total off-street parking area shall be landscaped with at least one fifteen-gallon minimum size tree per each five parking stalls (which may be clustered or grouped) and appropriate shrubs and groundcover. Setback areas required to be landscaped by other sections of this code shall not be considered part of the required parking lot landscaping. c. A minimum of a ten-foot wide planter area shall be provided between the parking area and all property lines adjacent to a public street.
d. All landscaping shall be protected with a minimum six-inch high concrete curb. e. All landscaping shall be continuously maintained free of weeds, debris, litter or temporary signage.
f. All landscaped areas except designated hydrozones shall be provided with an automatic irrigation system.
g. Landscape materials, trees, shrubs, groundcover, turf and other vegetation, and planting symbols shall be clearly drawn and plants labeled by botanical name, common name, container size, spacing and quantities of each group of plants indicated. h. For multifamily projects of five units or more and for new commercial, industrial and institutional projects, a landscaping maintenance bond shall be required and held for a period of one year to ensure the project's compliance with the approved landscaping plan. Amount shall be determined by the community development director or designee. i. The percentage of turf for commercial and industrial development shall not exceed forty-five percent of the required landscaping area and multifamily residential development shall not exceed seventy-five percent of the required landscaping area. 1300.R. Planting Material
1. Trees
a. No trees shall be planted under any eave, overhang or balcony. b. All trees in landscape planters ten feet in width or less and located closer than five feet from any permanent structure shall be provided with tree root barriers. c. All trees shall be staked as determined by the standards maintained by the community development department.
d. Minimum width of all planters shall not be less than three feet clear, interior dimensions, not inclusive of retaining curb or wall. All areas which require twenty-four-inch box trees shall have planters of not less than four feet not inclusive of retaining curb and wall. e. Number of trees:
1. Parking area: One per five spaces.
2. Street setbacks: One per ten spaces.
3. Balance of site: One per six hundred square feet (less parking area buildings, and structures).
DRAFT May 16, 2024 Pomona, California | Zoning & Development Code 13-25 Landscape Documentation Package Part 13 | Appendix
1300.S. Groundcover and Shrubs
1. All areas required to be landscaped shall be covered with turf, nondeciduous groundcover, shrubs or other types of plants which are predominantly drought tolerant. a. Shrubs. Minimum of two five-gallon size shrubs shall be provided every six feet of distance along perimeter planter areas.
b. Groundcover. Groundcover shall be used throughout and be planted at least six inches on center. No artificial groundcovers shall be accepted.
2. Materials such as crushed rock, redwood chips, pebbles and stone may be allowed up to fifteen percent of the total required landscaping. Artificial plants and synthetic groundcovers are prohibited. 1300.T. Screening
1. Landscaping shall be required to screen storage areas, trash enclosures, parking areas, public utilities, freeways, highways and other similar land uses or elements that do not contribute to the aesthetic enhancement of the natural environment surrounding area. Where plants are required for screening, such screening shall consist of the use of evergreen shrubs and/or trees closely spaced. Berming shall be encouraged as an effective screening measure for parking lots and where adjacent site areas are contiguous to street frontages. Such berming shall not exceed thirty-six inches above the highest adjacent curb.
2. Where parking areas are adjacent to other properties along the side and rear lot lines, perimeter landscaping with a minimum depth of four feet, not inclusive of retaining curbs and walls, is required. 1300.U. Landscape at Vehicular Intersections
1. Landscaping at major entry points are considered the focal points for landscaping emphasis and shall contain accent landscaping through a variety of trees, flowers and shrubs with special concern for visibility and safety.
2. Within twenty feet of street/driveway intersections, no landscaping material other than trees shall exceed a maximum height of thirty-six inches above the adjacent concrete curb.
3. No berming at street entrances and parking lot accessway intersections shall exceed a height of thirty-six inches above the highest adjacent curb.
4. All trees, whether singularly placed or placed in clusters shall not inhibit visibility for vehicular and pedestrian movement.
5. Parking may be designed to overhang landscaped areas. Maximum permitted overhang is three feet where planter areas have a minimum dimension of five feet or more. Otherwise, concrete wheel stops shall be installed. Any broken or damaged wheel stops shall be replaced. 1300.V. Landscape Documentation Package
1. A copy of the landscape documentation package conforming to this section and landscape plan check fee as set forth by the city council shall be submitted to the city. No grading or building permits shall be issued until the city reviews and approves the landscape documentation package. 13-26 Zoning & Development Code | Pomona, California DRAFT May 16, 2024 Part 13 | Appendix Elements of Landscape Documentation Package
2. For multifamily developments of five units or more and for all new commercial, industrial or institutional developments, a copy of the approved landscape documentation package shall be provided to the property owner or site manager along with the record drawings and any other information normally forwarded to the property owner or site manager. All installed landscaping and irrigation systems shall be maintained according to the approved landscape documentation package.
3. Each landscape documentation package shall include the following elements, as describe in this chapter:
a. Landscape design plan;
b. Irrigation design plan;
c. Certificate of substantial completion signed and sealed by licensed landscape architect (to be submitted after installation of the project as a requirement prior to certificate of occupancy); d. Such other information as deemed necessary by the director of community development or designee including, but not limited to, a grading design plan and/or soils analysis. 1300.W. Elements of Landscape Documentation Package
1. Landscape Design Plan
A landscape design plan meeting the following requirements shall be submitted as part of the landscape documentation package:
a. Plant Selection and Grouping
1. Plants having similar water use shall be grouped together in distinct hydrozones.
2. Plants shall be selected appropriately based upon their adaptability to the climatic, geological and topographical conditions of the site. Protection and preservation of native species and natural areas is encouraged. The planting of trees is encouraged wherever it is consistent with other provisions of this section.
3. Changes to planting materials appearing on the approved landscaping plans may be permitted during construction of the project, after completion of the project, or during the course of normal landscape maintenance provided that all requested alternate plant materials are contained on the list of acceptable planting materials in this section and provided further, that equivalent size, type, coverage and appearance is approved by the community development director or designee.
4. Fire prevention needs shall be addressed in areas that are fire prone. Fire-resistant landscaping buffers shall be provided between commercial/residential building developments and naturally vegetated but fire-prone areas, as identified by the community development department.
b. Water Features
1. Recirculating water shall be used for decorative water features.
2. Pool and spa covers are encouraged.
DRAFT May 16, 2024 Pomona, California | Zoning & Development Code 13-27 Elements of Landscape Documentation Package Part 13 | Appendix c. Landscape Design Plan Specifications
The landscape design plan shall be drawn on project base sheets at a scale that accurately and clearly identifies the following:
1. Designation of hydrozones and a description of water usage within said hydrozones (low, moderate and high irrigation water requirements);
2. Landscape materials, trees, shrubs, groundcover, turf and other vegetation. Planting symbols shall be clearly drawn and plants labeled by botanical name, common name, container size, spacing and quantities of each group of plants indicated;
3. Property lines and street names;
4. Streets, driveways, walkways and other paved areas;
5. Pools, ponds, water features, fences and retaining walls;
6. Existing and proposed buildings and structures including pad elevations, if applicable;
7. Natural features including but not limited to rock outcroppings, existing trees and shrubs that will remain;
8. Tree staking, plant installation, soil preparation details and any other applicable planting and installation details;
9. A calculation of the total landscaped area and percentage of turf area;
10. Designation of recreational areas.
2. Irrigation Design Plan
All landscaped areas shall be provided with an approved irrigation system that shall include an automatic master control with multi-calendar, timer and multi-station capabilities when the project is zoned commercial, institutional or industrial or when the project is multiple-family residential with more than five dwelling units.
Irrigation shall be performed in conformance with city ordinances or with standard water conservation practices.
An irrigation design plan meeting the following requirements shall be submitted as part of the landscape documentation package:
a. Runoff and Overspray
Soil types and infiltration rate shall be considered when designing irrigation systems. All irrigation system shall be designed to avoid runoff, low head drainage, over-spray or other similar conditions where water flows onto adjacent property, nonirrigated areas, walks, roadways or structures. Proper irrigation equipment and schedules, including features such as repeat cycles, shall be used to closely match application rates to infiltration rates, therefore minimizing runoff.
Special attention shall be given to avoid runoff on slopes and to avoid overspray in planting areas with a width less than ten feet and in median strips.
13-28 Zoning & Development Code | Pomona, California DRAFT May 16, 2024 Part 13 | Appendix Elements of Landscape Documentation Package b. Equipment
1. Water Meters
Separate landscape water meter shall be installed for all projects except for single family dwellings or any project with a landscaped area of less than five thousand square feet.
2. Controllers
Automatic control systems shall be required for all irrigation systems and must be able to accommodate all aspects of the design.
3. Valves
Plants which require different amounts of water shall be irrigated by separate valves. If one valve is used for a given area, only plants with similar water use shall be used in that area.
Anti-drain (check) valves shall be installed in strategic points to minimize or prevent lowhead drainage.
4. Sprinkler Heads
Heads and emitters shall have matched precipitation rates within each control valve circuit.
Sprinkler heads shall be selected for proper area coverage, application rate, operating pressure, adjustment capability and ease of maintenance.
5. Rain-Sensing Override Devices
Rain-sensing override devices shall be required on all irrigation systems.
6. Soil Moisture-Sensing Devices
It is recommended that soil moisture-sensing devices be considered where appropriate. c. Irrigation Design Plan Specifications
Irrigation systems shall be designed to be consistent with hydrozones.
The irrigation design plan shall be drawn on project base sheets. It shall be separate from, but use the same format as, the landscape design plan. The scale shall be the same as that used for the landscape design plan described in subsection K(1)(c).
The irrigation design plan shall accurately and clearly identify:
1. Location and size of separate water meters for the landscape;
2. Location, type and size of all components of the irrigation system including but not limited to automatic controllers, main and lateral lines, valves, sprinkler heads, moisture-sensing devices, rain switches, quick couplers and backflow prevention devices;
3. Static water pressure at the point of connection to the public water supply;
4. Flow rate (gallons per minute), application rate (inches per hour) and design operating pressure (psi) for each station;
5. Estimated annual water use expressed in inches per square foot of landscaped area per year; DRAFT May 16, 2024 Pomona, California | Zoning & Development Code 13-29 Plant List Part 13 | Appendix
3. Certificate of Substantial Completion
Prior to the final of building permits, the developer shall submit a certificate of substantial completion to the city utilizing forms designated for this purpose. 1300.X. Plant List
Other plant materials not included in this list but suitable in climate zones overlaying the city of Pomona shall be subject to review and approval by the planning division.
Scientific Name Common Name Water Usage
Groundcovers
Achillea tomentosa Woolly Yarrow L
Ajuga reptans Carpet Bugle H
Drosanthemum spp. Ice Plant (Drosanthemum) L
Mesembryanthemum crystallinum Ice Plant (Memsembryanthemum) L Armeria maritima Sea Pink M
Atriplex semibaccata Australian Saltbrush L
Carissa macrocarpa (pros. cvs.) Natal Plum M
Ceanothus spp. California Lilac L
Ceratostigma plumbaginoides Dwarf Plumbago M
Cistus spp. Rockrose L
Hedera helix English Ivy M
Lantana montevidensis Lantana L
Phyla nodiflorra Lippia L
Potentilla verna Cinquefoil M
Rosemarinus "Prostratus" Trailing Rosemary L
Santolina spp. Lavender Cotton L
Trachelosperum jasminoides Star Jasmine M
Verbena peruviana Peruvian Verbena L
Vinca minor Periwinkle M
Vines
Bougainvillea spp. Bougainvillea L
Cissus antarctica Kangaroo Treebine M
Clytostoma callistigioides Violet Trumpet Vine M
Distictis buccinatoria Blood Red Trumpet Vine M
Ficus pumila Creeping Fig M
Gelsemium sempervirens Carolina Jessamine M
Hedera helix English Ivy M
Legend:
L - Low water usage plants | M - Medium water usage plants | H - High water usage plants 13-30 Zoning & Development Code | Pomona, California DRAFT May 16, 2024 Part 13 | Appendix Plant List
Scientific Name Common Name Water Usage
Lonicera hildebrandiana Giant Burmese Honeysuckle L
Lonicera japonica Japanese Honeysuckle L
Macfadyena unguis-cati Cat's Claw L
Pandorea jasminoides Bower Vine M
Parthenocissus quinquefolia Virginia Creeper M
Parthenocissus tricuspidata Boston Ivy M
Passiflora spp. Passion Vine M
Rosa banksiae Lady Banks Rose M
Rosa., other climbing spp. Climbing Roses M
Solanum jasminoides Potato Vine L
Tecomaria capensis Cape Honeysuckle M
Trachelospermum jasminoides Star Jasmine M
Wisteria spp. Wisteria M
Shrubs
Callistemon citrinus Bottle Brush L
Cassia artemisioides Feathery Cassia L
Ceanothus spp. California Lilac L
Dietes bicolor Fortnight Lily M
Elaeagnus angustifolia Russion Olive L
Feijoa sellowiana Pineapple Guava M
Fremontedendron spp. Flannel Bush L
Grevillea spp. Grevillea L
Heteromeles arbutofolia Toyon L
Mahonia aquifolium Oregon Grape M
Nandina domestica Heavenly Bamboo M
Nerium oleander Oleander L
Phormium tenax New Zealand Flax M
Pittosporum tobira Mock Orange M
Punica granatum "Nana" Dwarf Pomegranate M
Raphiolepsis spp. Indian Hawthorne M
Ribes sanguineum Red Flowering Currant M
Ternstroemia gymnanthera Ternstroemia M
Viburnum tinus Laurustinus M
Xylosma congestum Shiny Xylosma L
Trees
Legend:
L - Low water usage plants | M - Medium water usage plants | H - High water usage plants DRAFT May 16, 2024 Pomona, California | Zoning & Development Code 13-31 Plant List Part 13 | Appendix
Scientific Name Common Name Water Usage
Acacia longifolia Sydney Golden Wattle L
Acacia melanoxylon Blackwood Acacia L
Agonis flexuosa Peppermint Tree M
Albizia julisbrissin Silk Tree M
Areccastrum romanzoffianum Queen Palm M
Bauhinia variegata Purple Orchid Tree M
Brachychiton acerifolius Flame Tree L
Brachychiton populneus Bottle Tree L
Cedrus deodora Deodar Cedar M
Ceratonia siliqua Carob L
Cercis occidentalis Western Redbud L
Chilopsis linearis Desert Willow M
Cinnamomum camphora Camphor Tree M
Citrus spp. Orange, Lemon, etc. M
Cupaniopsis anacardiodides Carrotwood M
Eryobotrya japonica Loquat M
Eucalyptus ficifolia Red Flowering Gum M
Eucalyptus polyanthemos Silver Dollar Gum L
Ficus microcarpa Indian Laurel Fig/Laurel Fig M
Ficus rubiginosa Rusty Leaf Fig M
Fraxinus oxycarpa "Raywood" Raywood Ash M
Gleditsia triacanthos Honey Locust M
Hymenosporum flavum Sweet Shade M
Jacaranda mimosifolia Jacaranda M
Koelreuteria paniculata Golden Rain Tree L
Lagerstroemia indica Crape Myrtle M
Liquidambar styraciflua Sweet Gum M
Phoenix Canariensis Canary Island Date Palm L
Pinus canariensis Canarian Island Pine M
Podocarpus gracilior Fern Pine H
Pyrus calleryana cultivars Callery Pear M
Quercus ilex Holly Oak L
Washington filifera California Fan Palm L
Legend:
L - Low water usage plants | M - Medium water usage plants | H - High water usage plants 13-32 Zoning & Development Code | Pomona, California DRAFT May 16, 2024 Part 13 | Appendix Water-Efficient Landscape Criteria
1300.Y. Water-Efficient Landscape Criteria
Landscape and irrigation plans shall be reviewed for compliance with the water-efficient landscape criteria. These comprise a point system with points awarded for both landscape and irrigation techniques.
A minimum of one hundred points out of one hundred forty available, shall be achieved in each technique category in order for the community development director or designee to approve the plans.
Landscape Techniques Points
Water conserving plants, and/or plants native to hot/dry summers, utilized in seventy-five percent of the total plant area of the landscape. 40 Turf limited to forty percent of the total landscape area in residential projects; twenty percent of the total landscape in all other projects. In no case shall turf make up more than fifty percent of the total landscape. 30 Use of creative, thoughtful and diverse hydrozones to enhance the overall landscape design, with plants grouped based on the amount of water needed to sustain them.
30 Mulch utilized in the landscape (two inches minimum, three inches preferred). 20 Hardscape, or non-irrigated surfaces use in at least ten percent of the total landscape. 10
Where turf is utilized, the use of a proven water-conserving turf (e.g., "marathon" or equivalent). 10
Total 140
Irrigation Techniques Points
The total amount of irrigation water applied to all landscaped areas does not exceed forty-two inches per square foot of landscaped area per year. 40 Low-water volume irrigation system equipped with a multi-station and multischedule master control panel. 30 Irrigation system designed to water different areas of the landscape based on watering need (drip/trickle for shrubs, separate valves, etc.). 20 Sensitive to slope factors. 20
Soil moisture sensors used in conjunction with the automatic irrigation system. 10 Wind sensors and rain sensors used in conjunction with the automatic irrigation system. 10
Uses of reclaimed or recycled water in accordance with Health and Safety Codes. 10
Total 140
Additional comparable points (not to exceed thirty) may be awarded for the use of any waterconserving method not listed above which the community development director or designee finds to be in accord with the purposes of this chapter.
1300.Z. Maintenance
All landscaping shall be maintained. Maintenance of landscaping areas shall include, but not be limited to, the following:
1. Irrigation equipment shall be in working condition at all times.
DRAFT May 16, 2024 Pomona, California | Zoning & Development Code 13-33 Maintenance Part 13 | Appendix
2. Litter shall be removed from all landscaped areas in a timely fashion.
3. All lawn or turf areas shall be mowed on a regular basis. Sod areas shall at all times be kept green. Accumulation of leaves, twigs, bark and other similar plant materials shall be removed in a timely fashion. Planting areas must be kept in a weed-free fashion.
4. Landscaping maintenance shall include pruning, cultivating, weeding, fertilizing, replacement of plants and watering on a regular basis.
5. Landscape maintenance shall also include pruning or removal of overgrown vegetation, cultivated or uncultivated, that is likely to harbor rats, vermin or other nuisances or that causes detriment to neighboring properties.
6. Landscape maintenance shall also include the removal of dead, decayed, diseased or hazardous trees, weeds and debris constituting unsightly appearance, dangerous to public safety and welfare or detrimental to neighboring properties or property values. Compliance shall be by removal, replacement or maintenance.
7. Replanting. All trees, shrubs and plants which have been planted and which, due to accident, damage, disease or other cause, fail to show a healthy growth, shall be replaced. Replacement plants shall conform to all standards that govern the original planting installation, approved landscaping plan, or as approved by the planning division. 13-34 Zoning & Development Code | Pomona, California DRAFT May 16, 2024 Part 13 | Appendix Purpose
Sec. 1310. Signs (Formerly Sec. 503-K)
1310.A. Purpose
To promote the orderly display of signs which are necessary for the identification of locations and businesses, and to provide standards in order to maintain and enhance the aesthetic environment of the City, to maintain and enhance the City's ability to attract sources of economic development and growth and to safeguard life, health, property and public welfare by regulating the design, quality of materials, construction, illumination, location and maintenance of signs. 1310.B. Definitions
For the purpose of Sec. 1310. (Signs (Formerly Sec. 503-K), the following words or phrases shall be defined as follows, unless it is apparent from the context that another meaning is intended:
Abandoned Sign. Any sign remaining in place or not maintained for a period of ninety (90) days which no longer advertises or identifies an ongoing business, product or service available on the business premise where the sign is located.
Aerial Sign. Any sign or device that is either floating or flying in the air but is secured to a building or to the ground by strings or cables, and is primarily installed to attract attention to or to advertise a business, a business location, a service, a product, or an event.
Animated Sign. Any sign which uses movement or change of lighting to depict action or create a special effect or scene.
Area of Sign. The area included within the outer dimensions of a sign face display area including all portions not part of the necessary supporting structure; a double-faced sign whose faces are parallel or no more than thirty (30) degrees apart shall be deemed to be a single sign for the purposes of determining sign area. In the case of a sign placed on a wall or other building surface, the area shall be computed by enclosing the sign within sets of parallel lines.
Awning Sign. Any sign painted or otherwise affixed permanently to the exterior surface of any awning.
For purposes of this section, "awning" means shelter projecting from and supported by the exterior wall of a building and constructed of a rigid frame covered by a flexible "skin" such as fabric, synthetic material or thin sheet metal.
Balloon. An inflatable airtight bag that, when in multiple numbers can be strung together and displayed to attract attention to a business location. A balloon shall not be considered an inflatable sign.
Banner. A temporary sign made of fabric or any non-rigid material with no enclosing framework.
Building Frontage. The linear dimension of a building which faces upon a public street (excluding an alley) or public/private parking lot, if appropriate, and is roughly parallel to it. Where a building has more than one frontage, the sign applicant or business owner may designate the "primary building frontage" and the "secondary building frontage" for the purposes of this section.
Bunting. Any decoration made out of fabric, synthetic material, sheet metal, or any thin pliable material that is securely attached to at least two ends of a rigid frame attached to a pole or projecting from a building.
Can Sign (Box Sign). Any sign on the outside face of a metal box with or without internal illumination.
DRAFT May 16, 2024 Pomona, California | Zoning & Development Code 13-35 Definitions Part 13 | Appendix
Canopy. A rigid multi-sided structure covered with fabric, metal or other material and supported by columns or posts embedded in the ground, or cantilevered out from the main structure.
Changeable Copy Sign. A sign whose informational content can be changed or altered by manual, electric, electro-mechanical, electronic or any other artificial energy means.
Channel Letters. Three (3) dimensional individual letters or figures, with an open back or front, illuminated or non-illuminated, which are affixed to a building or to a freestanding sign structure.
Directional Sign. An on-site sign designed to direct or guide pedestrian or vehicular traffic and which is non-advertising in nature, except for a logo and directional information, e.g., "handicapped parking," "one way," "exit," and "entrance."
Directory Sign. A freestanding or wall sign which identifies all businesses located within a commercial building, a shopping center, an industrial building or an institutional establishment.
Fence Sign. A sign attached to or painted onto any freestanding wall or fence.
Fin Sign. A sign applied to or constructed as part of a vertical architectural element projecting from the main building mass and integral to the design and construction of a building facade.
Flag. Any loose fabric or membrane secured to a pole or rod, which flutters and moves with air or wind movement.
Freestanding Sign. A sign which is permanently supported upon the ground by poles or braces and is not attached to any building or other structure.
Freeway Oriented Sign. A freestanding sign which is primarily oriented to the traveling public using a freeway or expressway, and installed for the sole purpose of identifying major business locations within certain commercial zones in close proximity to a freeway or expressway.
Height. The vertical distance measured from the surface grade beneath the sign to the highest element of the sign. For purposes of this section, all heights specified are measured from the natural grade adjacent to the base of the sign to the highest point of the sign. Grading of a lot solely to increase sign height above natural grade shall not be permitted.
High-Rise Building Identification Sign. A sign placed upon the top story wall or parapet of a building which is three (3) or more stories in height and contains the name or symbol of the building or principal tenant of the building to attract attention to or to advertise a business, a business location, a service, or a product.
Illegal Sign. A sign which does not meet the requirements of this section or which does not have legal nonconforming status.
Illuminated Sign. A sign with an artificial source of light incorporated internally or externally for the purpose of illuminating the sign.
Inflatable Sign. Any form of inflatable device (e.g., shaped as an animal, a blimp or other object) that is displayed, printed or painted on the surface of an inflatable background, and is primarily installed outside a building to attract attention to or advertise a business, a business location, a service, a product, or an event. An inflatable sign shall not be considered a balloon.
Legal Nonconforming Sign. A sign which was legally installed under laws or ordinances in effect at the time of its installation, but which does not comply with subsequently enacted laws or ordinances. 13-36 Zoning & Development Code | Pomona, California DRAFT May 16, 2024 Part 13 | Appendix Definitions
Logo. A specially designed graphic symbol of a business establishment, a company, or any other legal private or public entity.
Lot Frontage. The length of the property line of any one premise along a public right-of-way (except alleys and railroad rights-of-way) on which it borders.
Major Site Identification Sign. A freestanding sign, located on sites of two (2) acres and over in size, for the purpose of identifying the development on the subject site.
Marquee Sign. Any sign advertising an event, performance, service, seminar, conference or show, and displayed on a permanent roof-like structure or canopy made of rigid materials supported by and extending from the facade of a building.
Master Sign Plan. A coordinated program of signage for building complexes with four (4) or more tenants.
Message Center Display Sign. Any display sign which has a changeable message board which remotely controlled by electrical or electronic means.
Mobile Sign. Any sign mounted, attached, affixed, or painted upon any surface of a motor vehicle, trailer or similar conveyance parked on public or private property for the purpose of advertising a business or a business location within the City or outside the City.
Monument Sign. A low-profile freestanding sign erected upon or supported solely by a planter, pedestal base or similar ground structure approximately the same dimension as the height of the sign and which is designed to incorporate the architectural theme and building material of the building on the premises.
Mural. A picture on an exterior surface of a structure that does not contain the name of the business, product or service on the premises.
Neon Sign. A sign with tubing that is internally illuminated by neon or other electrically charged gas.
Official Flag. The official flag of the United States of America, the State of California, other government agencies, civic organizations, corporate organizations, and private or non-profit organizations.
Off-Site Advertising Sign. Any sign structure or billboard, whether freestanding or mounted on an existing building, built for the purpose of advertising an establishment, product or service which is not available on the property upon which the sign is located at the time the sign structure was erected.
On-Premise Sign in Redevelopment Areas. A sign or billboard advertising those businesses and activities developed within the boundary limits of, and as part of, an individual redevelopment project area, which may, with the consent of the redevelopment agency governing the project area, be considered to be on the premises anywhere within the limits of that project area when all of the land is contiguous or is separated only by a public highway or public facilities developed or relocated for inclusion within the project area.
Painted Sign. Any sign painted or silkscreened onto a building wall or freestanding structure.
Pennant. Any device made of flexible materials, such as cloth, paper or plastic, which may or may not contain copy, and which is installed for the purpose of attracting attention.
Pole Sign. Any freestanding sign supported by one or more poles.
DRAFT May 16, 2024 Pomona, California | Zoning & Development Code 13-37 Permit Procedures Part 13 | Appendix
Political Sign. Any temporary sign installed which advertises a political candidate, a political party, or a political issue.
Portable sign. Any sign not permanently attached to, mounted upon or affixed to a building, structure or the ground. Such signs include, but are not limited to, "A"-frame signs, sandwich board signs and signs on wheels.
Projecting Sign. A sign, the sign surface of which is not parallel to the face of the supporting wall and which is supported wholly by such wall. This definition shall include "V" or wing-type signs.
Project Sign. A temporary sign advertising a planned future development project on a property. Such sign typically has a rendering of the proposed project in addition to a brief description of it.
Real Estate Sign. A temporary sign indicating that the premises on which the sign is located is for sale, lease or rent. Such signs typically include "Rider" Signs that describe amenities such as swimming pools and spas, "Open House" Signs, "Subdivision" Signs and "Off-Site Directional" Signs.
Roof Sign. A sign erected, constructed, and attached to and/or maintained upon or above any roof or portion of a roof of any building, including a mansard roof. For the purposes of this section, a mansard roof is any roof or parapet wall with roofing material for siding, that slopes from thirty (30) degrees to ninety (90) degrees and does not have a ridge line.
Sign. Any object or device which is designed, intended, used or located so as to be visible by the public from outdoors for the purpose of advertising the property, establishment or enterprise, including goods and services.
Sign Copy. Any words, letters, logos, numbers, figures, design or other symbolic representation incorporated into a sign.
Snipe Sign. A temporary sign or poster that advertises shows and events, and which is installed within public or private property on structures such as lamposts, traffic signs, street signs, building walls, fences, and similar structures.
Temporary Sign. A sign which is designed or intended to be temporarily mounted or displayed and which is not intended for permanent or long term use.
Under-Canopy Sign. Any sign suspended under a canopy, marquee or arcaded walk in front of a building.
Vehicle For-Sale Sign. Any sign painted or affixed onto vehicles for sale, which are kept in vehicle display areas of new and used car dealership lots.
Wall Sign. A sign painted or installed on or attached to a wall and which is parallel to the building facade.
This definition includes painted, channel letters and can signs.
Window Sign. A sign painted or installed on a glass window or located within twelve (12) inches from inside the window in such a manner that it can be viewed from the exterior of a structure. 1310.C. Permit Procedures
1. Permit Required
Except for certain signs exempted herein, no sign shall hereafter be erected, re-erected, constructed or altered (change of copy), except as provided by this section unless a Sign Permit for same has 13-38 Zoning & Development Code | Pomona, California DRAFT May 16, 2024 Part 13 | Appendix General Requirements
been approved by the Planning Division. Building and/or electrical permits shall also be obtained, as required in accordance with the Uniform Building Code and/or National Electrical Code.
2. Permit Fee
No Sign Permit shall be issued until the applicant has paid permit fees as adopted by resolution of the City Council.
3. Plans Required
Sign plans shall include a plot plan of the site showing sign(s) location, elevations of buildings and signs, a detailed sign copy, proposed colors, materials and illumination. All plans shall be fully dimensioned and drawn to scale. All Sign Permit applications shall be reviewed for compliance and final approval by the City Planner, or his designee, prior to issuance of any building permits.
4. Master Sign Plan
Any new commercial, industrial or manufacturing project with four (4) or more units shall require the submittal and City approval of a Master Sign Plan prior to issuance of any building permits. Any major rehabilitation work that involves the exterior remodeling of any existing commercial, industrial or manufacturing project with four (4) or more units shall also require City approval of a Master Sign Plan prior to issuance of any building permits. For the purposes of this section, major rehabilitation means adding more than 50% onto the total square footage of the building/buildings, or exterior redesign of at least 50% of the length of the building/buildings facade within the development. In approving a Master Sign Plan, the City Planner shall make the following findings regarding signs within the plan:
a. The signs are compatible with the design motif of buildings in the project; b. The signs incorporate common design elements such as type of sign, materials, letter style, colors, illumination, size, location and shape;
c. The signs promote unity and continuity, and prevent unsightly clutter and disarray within the project;
d. The signs comply with the standards contained within this section and with the design policies of the General Plan.
1310.D. General Requirements
1. Applicability
The requirements and development standards contained herein shall apply Citywide except for signs within the Downtown Pomona Specific Plan Zone. Development standards and requirements for signs within said specific plan zone shall be contained in the Downtown Pomona Specific Plan.
2. Content
The lettering and advertising matter on all permitted commercial or industrial signs within the City, except as herein provided, shall be restricted to: the business name, business logo, services rendered or goods sold upon such premises, and nature of business. Detailed advertising information such as telephone numbers and prices of the product or services offered are prohibited from permanent DRAFT May 16, 2024 Pomona, California | Zoning & Development Code 13-39 Exempted Signs Part 13 | Appendix
sign copy faces. No more than one business may be identified per sign face, except as herein provided. No person shall advertise or display any unlawful act, business or purpose.
3. Illumination
On signs where goose neck reflectors and lights are permitted, such gooseneck reflectors and lights shall be provided with proper lenses and guards concentrating the illumination upon the area of the sign so as to prevent glare upon the street or adjacent property. It shall be unlawful to illuminate any sign whether internally or externally where any portion of such illumination creates harmful glare such as excessive radiation, or lights that distract motorists, or cause a nuisance to adjacent property.
4. Quality/Maintenance/Aesthetics
All signs shall be maintained in proper working order and in a state of good repair at all times. The display surfaces of all signs shall be kept clean and legible at all times. The rear of any sign face or cabinet visible to the public shall be provided with a flat-surfaced cover to obscure structural elements from public view. "Angle bars," "metal pipes" or "I-Beams" shall not be used as visible structural supports unless covered with decorative material approved by the City Planner. 1310.E. Exempted Signs
The following classes of signs are exempt from the permit requirements of this section, provided they conform with the standards contained herein:
1. Directional Signs
On-site directional signs to aid vehicle or pedestrian traffic, provided such signs do not exceed four (4) square feet in area or four (4) feet in height, and provided further that the number and location are approved by the City Planner or designee.
2. Official Flags
3. Political Signs
No Political Signs shall be installed on fences, walls, light poles, utility poles, or any other structures within the public right-of-way. Such signs may be installed on private property, but only with the property owner's consent. Such signs shall be removed by the subject political candidate or political organization by the Monday following the election pertaining to the candidate/issues advertised by the signs. Signs not removed within seven (7) days of the specified deadline shall be removed by the City at the expense of the political candidate or organization involved.
4. Project Signs
No more than one (1) sign per street frontage. Such signs may be externally illuminated but may not be internally illuminated. For sites less than one (1) acre, maximum sign area: thirty-two (32) square feet; maximum height: eight (8) feet. For sites one (1) acre or larger, maximum sign area: sixty (60) square feet; maximum height: fifteen (15) feet.
13-40 Zoning & Development Code | Pomona, California DRAFT May 16, 2024 Part 13 | Appendix Exempted Signs
5. Commercial Real Estate Signs
Not more than one (1) Commercial Real Estate Sign with a maximum size of thirty two (32) square feet, advertising property for sale, for rent, or for lease shall be allowed per commercial or industrial property of less than one (1) acre in size. Commercial or industrial properties of one (1) acre or more in size shall be allowed a Commercial Real Estate Sign of no more than fifty (50) square feet in size.
However, corner commercial or industrial lots of less than one (1) acre in size may have two (2) Commercial Real Estate Signs, one along each street frontage, with a maximum size of thirty two (32) square feet each. Also, corner commercial or industrial lots of one (1) acre or over in size may have two (2) Commercial Real Estate Signs, one along each street frontage, with a maximum size of fifty (50) square feet each. No more than a total of nine (9) square feet of "Rider" Signs advertising features such as conference rooms, number of stores, etc. may be attached to a Commercial Real Estate Sign.
6. Residential Real Estate Signs
All Residential Real Estate, Subdivision and Open House Signs shall be subject to the following requirements:
a. Number and size
Not more than one (1) Residential Real Estate Sign per property, with a maximum size of nine (9) square feet, advertising property for sale, for rent, or for lease. However, corner lots may have two (2) Real Estate Signs, one along each street frontage, with a maximum size of nine (9) square feet each. No more than a total of nine (9) square feet of "Rider" signs advertising features such as swimming pools, spas, number of bedrooms, etc. may be attached to a Real Estate Sign. One "Open House" sign not exceeding three (3) square feet in size is allowed per property during "Open House" sale periods. In addition, two (2) pennants or flags per property are allowed during "Open House" sale periods.
b. Placement
Off-Site Directional, Subdivision and Open House Signs may be placed only on private property and only with the consent of the owner(s).
c. Removal
All Real Estate Off-Site Directional Signs, Subdivision and Open House Signs shall be removed within two (2) hours after sundown.
7. Vehicle For Sale Signs
8. Window Signs
Window Signs shall cover no more than twenty-five percent (25%) of the glass window area along each building frontage and shall be no more than twelve (12) inches behind the glass window.
9. Search Lights and Laser Displays
All search lights and laser displays shall be allowed only within commercial, industrial, institutional zones, and the Fairgrounds zone, and in commercially designated districts of specific plan zones.
Such devices shall be focused away from ground level areas, residential areas, pedestrian areas, DRAFT May 16, 2024 Pomona, California | Zoning & Development Code 13-41 Permitted Signs Part 13 | Appendix
vehicular traffic areas and areas that could cause reflected glare on to surrounding neighborhoods.
The level of illumination shall be low enough so as not to cause any unnecessary direct or reflected glare onto surrounding neighborhoods.
1310.F. Prohibited Signs
The following types of signs and devices shall be specifically prohibited:
1. Abandoned Signs.
2. Aerial Signs or Aerial Devices.
3. Animated Signs, except "Message Center Display Signs" and "On-Premise Signs in Redevelopment Areas."
4. Banners, except as permitted herein.
5. Balloons and Blimps, except as permitted herein.
6. Fence Signs.
7. Inflatable Signs, except as permitted herein.
8. Light Bulb Strings, except for holiday decorations.
9. Mobile Signs.
10. Off-Site Advertising Signs (billboards).
11. Paper or Cloth Signs on the exterior of the building, or any matter or similar material, except only those signs located inside a building as part of window signage which meet all other provisions of this Section.
12. Pennants, except as permitted herein.
13. Portable Signs.
14. Roof or Fin Signs.
15. Signs which simulate in color, size or design, any traffic control sign or signal, or which make use of words, symbols or characters in such a manner as to interfere with, mislead or confuse pedestrian or vehicular traffic.
16. Snipe Signs.
17. Temporary Signs, except as otherwise permitted herein. 1310.G. Permitted Signs
The following signs shall be permitted subject to the requirements contained herein:
1. Freeway Oriented Signs
No signs shall be permitted unless the text, logo, or pictures on said signs are legible to the freeway traveling public, and unless the following requirements are satisfied:
13-42 Zoning & Development Code | Pomona, California DRAFT May 16, 2024 Part 13 | Appendix Permitted Signs
a. Conditional Use Permit Required
A Conditional Use Permit shall be required per Section .580 of the Pomona Zoning Ordinance. b. Location
No Freeway Oriented Signs shall be permitted except within the C-2, C-3, and C-4 zones, and such signs shall be located within five hundred (500) feet of a freeway right-of-way, including exit and entrance ramps.
c. Size
Maximum face of sign shall be two hundred (200) square feet each side. d. Height
Maximum height of signs shall not exceed forty-five (45) feet. e. Number
One (1) sign for each principal use and premise, for identification purposes only, shall be permitted and shall be placed so as not to obstruct other authorized on-site identification signs.
Any site with an existing Off-Site Advertising Sign (billboard) shall be ineligible to also display a Freeway Oriented Sign.
f. Sign Copy
Freeway Oriented Signs shall be limited to two (2) sign copy faces. Each sign copy face shall display no more than four (4) major tenant names and the name of the commercial or industrial center, and shall be limited to five (5) copy lines.
2. Major Site Identification Signs
Such signs shall be limited to sites of two (2) acres or larger over in size and shall be located in the C-2, C-3 and C-4 zones.
a. Number
One (1) per site.
b. Size and height
No more than two hundred (200) square feet in size and thirty (30) feet in height shall be permitted.
c. Sign Copy
Major Site Identification Signs shall be limited to two (2) sign copy faces. No more than sixty percent (60%) of the sign face on each side shall be utilized for the sign message. Each sign copy face shall display no more than three (3) major tenant names and the name of the commercial or industrial center, and shall be limited to four (4) copy lines.
3. On-Premise Signs in Redevelopment Project Areas
On-Premise Signs in Redevelopment Project Areas shall only be permitted as Freeway Oriented Signs within redevelopment project areas, with the consent of the Redevelopment Agency.
DRAFT May 16, 2024 Pomona, California | Zoning & Development Code 13-43 Permitted Signs Part 13 | Appendix
a. Conditional Use Permit Required
A Conditional Use Permit shall be required per Section .580 of the Pomona Zoning Ordinance. b. Repealed by Ord. No. 3959
c. Location
Within five hundred (500) feet of the freeway right-of-way, including on-ramps and off-ramps. d. Distance Separation
Each such sign shall be at least two thousand (2,000) feet apart. e. Size and height
On-Premise Signs in Redevelopment Project Areas shall be limited to two hundred (200) square feet in size and a maximum height of forty-five (45) feet. f. Sign Copy
On-Premise Signs in Redevelopment Project Areas shall be limited to two (2) sign copy faces.
Each sign copy face shall display no more than four (4) major tenant names and the name of the commercial or industrial center, and shall be limited to five (5) copy lines.
4. Message Center Display Signs
Such signs shall only be permitted as Freeway Oriented Signs within redevelopment project areas adjacent to a freeway.
a. Conditional Use Permit Required
A Conditional Use Permit shall be required per Section .580 of the Pomona Zoning Ordinance. b. Number
One (1) per redevelopment project area, provided that no Freeway Oriented Sign or On-Premise Sign in Redevelopment Project Area is allowed or is already in place on the same site. c. Location
All Message Center Display Signs shall be located within five hundred (500) feet from a freeway right-of-way, including on-ramps and off-ramps.
d. Distance Separation
Each such sign shall be at least two thousand (2,000) feet apart. e. Size and height
Message Center Display Signs shall be limited to two hundred (200) square feet in size and a maximum height of forty-five (45) feet.
f. Sign Copy
Message Center Display Signs shall be limited to two (2) sign copy faces. The fixed sign copy on each sign face shall be limited to five (5) lines to accommodate a maximum of four (4) major 13-44 Zoning & Development Code | Pomona, California DRAFT May 16, 2024 Part 13 | Appendix Permitted Signs
tenant names within the subject site and the name of the commercial center. The changeable message display shall be counted as part of the total sign area.
5. Pole Signs
Such signs shall be limited to the C, M and AP zones, and to commercially designated properties within Specific Plan areas.
a. Architectural Treatment
Pole Signs shall be architecturally compatible in style, finish, and color with the subject building or development. Any exposed structural supports or poles such as "angle bars," "iron pipes," "I-beams" or similar structural members shall be architecturally encased with finished metal cladding, stucco, wood or similar material, subject to the City Planner's approval as to proportion and architectural compatibility.
b. Number
No more than one (1) Pole Sign shall be permitted per site, provided that such site has at least three hundred (300) feet of continuous frontage along the street where the sign is proposed. A second Pole Sign is permissible along a second street frontage with at least three hundred (300) feet of property frontage.
c. Location
No Pole Sign shall be placed within ten (10) feet of a common lot line. Minimum separation between Pole Signs shall be two hundred (200) feet.
d. Size and height
No more than one hundred twenty (120) square feet of area per sign face, and a maximum height of twenty (20) feet.
e. Sign Copy
Pole Signs shall be limited to two (2) sign copy faces. Each sign copy face shall display no more than three (3) major tenant names and the name of the commercial or industrial center, and shall be limited to four (4) copy lines. No more than sixty percent (60%) of the sign face on each side shall be utilized for the sign copy.
f. Projection
No Pole Sign shall project beyond the property line. All Pole Signs shall have a minimum clearance of fourteen (14) feet over parking lots or driveways, and eight (8) feet over pedestrian walkways.
6. Monument Signs
Such signs shall be limited to the C, M and AP zones, and to commercially designated properties within Specific Plan areas. Neon shall be allowed with monument signs. a. Location
No Monument Sign shall be placed within ten (10) feet of a common lot line. Minimum separation between Monument Signs shall be one hundred (100) feet.
DRAFT May 16, 2024 Pomona, California | Zoning & Development Code 13-45 Permitted Signs Part 13 | Appendix
b. Number
No more than one (1) Monument Sign shall be permitted per site, provided such site has at least two hundred (200) feet of continuous frontage along the street where the sign is proposed. A second Monument Sign is permissible along a second street side with at least two hundred (200) feet of property frontage.
c. Size and height
No more than one sixty-five (65) square feet of area per sign face, and a maximum height of ten (10) feet.
d. Sign Copy
Monument Signs shall be limited to two (2) sign copy faces. No more than sixty percent (60%) of the sign face on each side shall be utilized for the sign message which shall be contained within a maximum of three (3) lines. No more than three (3) major tenants shall be permitted to be advertised on any Monument Sign.
7. High Rise Building Identification Signs
Such signs shall be limited to buildings of at least three (3) stories high located in the AP and C zones and in commercially designated properties within Specific Plan areas. a. Number
Two (2) per building.
b. Location
On the upper-most story, provided the building is at least three (3) stories high. c. Size
No more than one (1) square foot of sign area for every lineal foot of building frontage where the sign is proposed.
d. Sign Type
Internally illuminated channel letters.
e. Sign Copy
Each sign copy shall be limited to one (1) line.
8. Directory Signs
Such signs shall be limited to the A-P, C and M zones, except for properties with institutional uses within the R zones.
a. Number
Sites having more than six hundred (600) feet of frontage along a single street may either have one (1) freestanding Directory Sign or one (1) wall-mounted Directory Sign. No freestanding Directory Sign may be located on any residentially-zoned lot that has less than one hundred (100) feet of street frontage.
13-46 Zoning & Development Code | Pomona, California DRAFT May 16, 2024 Part 13 | Appendix Permitted Signs
b. Size and Height
Freestanding Directory Signs shall be limited to one hundred (100) square feet in size and fifteen (15) feet in height. Wall-mounted Directory Signs shall be limited to fifty (50) square feet in size. c. Sign Copy
No more than sixty percent (60%) of the sign face shall be utilized for the sign message.
Freestanding Directory Signs shall be limited to two (2) sign copy faces.
9. Wall Signs
Such signs shall be permitted in all zones except on lots with a single family use within Residential zones. Channel letters, can signs and neon signs shall be permitted. a. Number
A business with only one (1) building frontage may have one (1) primary wall sign, a business with two (2) building frontages may have one (1) primary wall sign and one (1) secondary wall sign, and a business with three (3) or more building frontages may have one (1) primary wall sign and a maximum of two (2) secondary wall signs.
b. Ground Floor Sign Size
The total size of the primary wall sign shall not exceed an area of one and one-half (1½) square feet per lineal foot of primary building or business frontage on the wall to which the sign is attached. The total size of the secondary wall sign shall not exceed an area of one (1) square foot per lineal foot of secondary building or business frontage on the wall to which the sign is attached (area can not be accumulated from one side for application to another side of a building). Sign copy shall be limited to the business name and product or service offered, and logo.
c. Second Floor Sign Size
The total size of wall signage on the second floor shall not exceed an area of one (1) square foot per lineal foot of building or business frontage on the wall to which the sign is attached. d. Height
Wall Signs shall not be mounted or placed any higher than the second story and shall not extend higher than the building wall upon which they are attached. e. Coverage
In no case shall wall sign copy occupy more than seventy-five percent (75%) of the length of the business frontage wall to which it is affixed.
f. Primary and secondary building frontages shall be designated by the property owner or the applicant/tenant.
g. Projection
No Wall Sign shall extend more than twelve (12) inches beyond the face of the wall to which it is attached or affixed.
DRAFT May 16, 2024 Pomona, California | Zoning & Development Code 13-47 Permitted Signs Part 13 | Appendix
h. Sign Copy
All sign copy on both the ground floor and the second floor shall be contained within two (2) lines.
10. Awning Signs
Awning Signs shall be limited to the A-P, C, and M zones, and within commercially designated properties within Specific Plan areas.
a. Location
Signage shall be restricted to the awning valance not to exceed a vertical dimension of six (6) inches and shall be contained within one (1) line.
b. Height
Awnings shall be a minimum of eight (8) feet above ground level and may be internally or externally illuminated.
11. Under-Canopy Signs
Under-Canopy Signs shall be limited to the C zones and to commercially designated properties within Specific Plan areas.
a. Area
Maximum area shall be six (6) square feet.
b. Height and Projection
A minimum vertical clearance of eight (8) feet over the pedestrian walkway shall be provided and the top of the sign shall be no higher than 12 feet over the sidewalk/walkway. c. Number
One (1) sign suspended under a canopy shall be permitted per business establishment in pedestrian areas such as sidewalks, plazas or malls.
d. Sign Copy
Under-Canopy Signs shall be limited to two (2) sign copy faces with each face having a maximum of two (2) lines.
12. Banners
Banners shall only be permitted for advertising a grand opening (once for each company), change of business name, change of ownership, and nationally recognized holidays, provided the following requirements are met:
a. Number
One (1) Banner per business location may be permitted at any one time. 13-48 Zoning & Development Code | Pomona, California DRAFT May 16, 2024 Part 13 | Appendix Permitted Signs
b. Location
Banners shall be disallowed in residential zones, except in cases of governmental or institutional use of such properties. Banners may also be mounted within public properties such as parks, and public rights-of-way such as streets, with the approval of the Public Works Department.
On-site banners shall only be mounted against a building wall, and shall not be strung between freestanding poles, structures or trees.
c. Size
No more than forty five (45) square feet in area, with a maximum length of fifteen (15) feet, and a maximum width of three (3) feet.
d. Duration
Maximum duration of thirty (30) days for every sixty (60) days. e. Permit Required
A Banner Permit shall be required for each thirty (30) day period that is requested.
13. Bunting
Bunting shall be permitted only for new automobile dealership lots and commercial centers of five (5) or more tenants.
a. Content
Bunting shall not contain any advertising information such as company name or product name but may contain information such as nationally recognized holidays and events. b. Size
No more than two (2) feet wide by three (3) feet high.
c. Placement and Mounting
Bunting shall be mounted on parking lot light poles or on rigid brackets attached to the exterior wall of the building, and shall be at least eight (8) feet above the ground. d. Duration
Bunting shall be limited to sixty (60) days, three (3) times a year, with a time gap of sixty (60) days between mounting periods.
e. Permit Fee and Deposit
The applicant shall pay a permit fee and a deposit fee every time Bunting is requested. The deposit fee shall be reimbursed at the end of the permitted mounting period provided the bunting is removed by the applicant.
14. Pennants
Pennants shall be permitted on automobile only on automobile dealerships and commercial centers of five (5) or more tenants.
DRAFT May 16, 2024 Pomona, California | Zoning & Development Code 13-49 Permitted Signs Part 13 | Appendix
a. Size
Pennants shall be no more than eight (8) inches wide by eighteen (18) inches long. b. Condition and Location
The location of pennants shall be approved by the economic development director or designee.
Pennants shall not be permitted on offsite utility/light poles or within the public right-of-way. All pennants shall be maintained in good condition. Torn, tattered and/or damaged pennants shall be replaced, repaired or removed upon notification.
c. Duration
Pennants shall be limited to sixty (60) days, three (3) times a year, with a time gap of sixty (60) days between mounting periods.
d. Permit Fee and Deposit
The applicant shall pay a permit fee and a deposit fee every time pennants are requested. The deposit fee shall be reimbursed at the end of the permitted mounting period provided the pennants are removed by the applicant.
15. Painted Signs
Painted Signs shall be allowed only as a wall sign and shall be professionally executed by a licensed commercial sign painter.
a. Sign Permit Application required.
b. All development standards pertaining to Wall Signs shall apply.
16. Religious Facility Signs
The following standards shall be met for a religious facility, pursuant to Section .062:
a. Number
One (1) Monument Sign, and either one (1) Wall Directory Sign or one (1) Freestanding Directory Sign for a religious facility and its accessory uses.
b. Size and Height
A Monument Sign for a religious facility shall not exceed thirty-two (32) square feet in size and seven (7) feet in height, and a Wall Directory Sign or Freestanding Directory Sign shall not exceed twenty-four (24) square feet in size. A Wall Directory Sign shall be mounted no higher than ten (10) feet from the ground and a Freestanding Directory Sign shall not exceed seven (7) feet in height.
c. Location and Mounting
A Monument Sign shall not be placed within five (5) feet of any property line and shall be within a landscaped area or planter. A Wall Sign or Directory Sign shall not be mounted higher than the building wall.
13-50 Zoning & Development Code | Pomona, California DRAFT May 16, 2024 Part 13 | Appendix Abatement
17. Balloons and Bunting
Balloons and bunting shall be permitted within automobile dealerships. a. Condition and Location
The size and location of balloons and bunting shall be approved by the economic development director or designee. Balloons and bunting shall not be permitted on off-site utility/light poles or within the public right-of-way. Torn, tattered and/or damaged balloons/bunting shall be replaced, repaired or removed upon notification.
18. Used Car Lot Signs
The following signage shall be permitted for used car lots:
a. Number
One monument sign shall be permitted per used car sales lot with a maximum sign area of sixtyfive (65) square feet per sign face at a maximum height of ten (10) feet. A monument sign shall be allowed for used car sales lots with a minimum of twelve thousand (12,000) square feet in lot area. Multiple used car sales lot businesses located on the same legal lot shall be allowed only one monument sign. If a site for a used car lot qualifies for a pole sign pursuant to the city's sign ordinance, such sign may be substituted for a monument sign. b. Vehicle Windshield signage
Vehicle windshield signage shall be permitted to cover up to fifty percent (50%) of each vehicle windshield area.
c. Other signs
All other signs including wall signs and temporary signs shall be permitted pursuant to the Section .503-K of the zoning ordinance.
1310.H. Abatement
The following signs shall be abated immediately:
1. Nonconforming Signs changed or altered in any way beyond maintenance and repair other than change of copy.
2. Flags, banners, balloons, temporary, portable and mobile signs, except as permitted herein.
3. Illegal Signs.
4. Painted Signs, "Wall" or "Window Signs" which do not conform with the provisions of this section. 1310.I. Inventory and Abatement of Abandoned Nonconforming Signs
Within six (6) months from the adoption of this section, the city shall commence with an inventory and identification of all abandoned nonconforming advertising signs. Within sixty (60) days after said six-month period, the City shall commence abatement of such signs.
DRAFT May 16, 2024 Pomona, California | Zoning & Development Code 13-51 Proposition "L."* Part 13 | Appendix
1310.J. Use Discontinued
1. Nonconforming Signs
When a commercial or manufacturing use is discontinued for a period of ninety (90) days, any nonconforming sign advertising such discontinued use shall be considered abandoned and shall be abated per the provisions of the Pomona City Code.
2. Conforming Signs
When any land use is discontinued for a period of sixty (60) days or more, the property owner must maintain all remaining conforming signs by modifying such signs to remove the name, and other advertisement of the former business and continue to maintain the sign structure in proper working condition. Any sign not in compliance with this section shall be determined to be a public nuisance and the City shall abate same per the provisions of the Pomona City Code. 1310.K. Proposition "L."*
* Editor's note. — Former Section .503-K-G7, which was approved in a special municipal election held on November 2, 1993 (Proposition "L"), and which cannot be modified without a vote of the people, is redesignated .503-K-K by Ordinance No. 3845.
1. No new or structurally altered offsite billboards shall be permitted within the City of Pomona. In technical words conveying the same meaning, no "offsite advertising signs" as defined shall be constructed, relocated, or structurally altered in any zoning district.
2. Noncommercial advertising by the property owner or by another with their consent is permitted on any advertising sign allowed by this ordinance for onsite advertising, whether the message concerns activity at the property or not.
e
EXHIBIT B: MAP
(CODE-000698-2024)
Zoning Code Update - Page 1 of 1
Inland Valley Daily Bulletin - LA
3200 Guasti Rd. Suite 100
Ontario, California 91761
(909) 987-6397
0011667399
POMONA CITY OF LEGAL - Development Services
505 S. Garey Avenue
Pomona, California 91769
PROOF OF PUBLICATION
(2015.5 C.C.P.)
STATE OF CALIFORNIA
County of Los Angeles
I am a citizen of the United States, I am over the age of eighteen years, and not a party to or interested in the above-entitled matter. I am the principal clerk of the
printer of Inland Valley Daily Bulletin - LA, a newspaper of general circulation printed and published daily for the City of Pomona, County of Los Angeles, and which
newspaper has been adjudged a newspaper of general
circulation by the Superior Court of the County of Los
Angeles, State of California, on the date of June 15,
1945, Decree No. Pomo C-606. The notice, of which the
annexed is a true printed copy, has been published in
each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to wit:
05/10/2024
I certify (or declare) under the penalty of perjury that the foregoing is true and correct.
Dated at Ontario, California
On this 10th day of May, 2024.
______________________________
Signature
*Inland Valley Daily Bulletin - LA circulation includes the following cities: [UNKNOWN LIST]
June 5, 2023
Honorable Mayor and City Councilmembers
City of Pomona
505 South Garey Ave.
Pomona, CA 91766
Re: City of Pomona’s Moratorium Extension on Warehouses et al. (Item 31 on June 5, 2023 Agenda) Dear Mayor and City Councilmembers,
On behalf of the members and Board of Directors of NAIOP SoCal, we oppose this moratorium extension as it harms our regional economy, eliminates existing jobs and stifles economic activity, placing further stress on an already weakened supply chain and the increasing cost of goods due to rising inflation rates.
We have actively met with the city’s Development Services Department and Planning Division staff and shared our concerns about elements in the Pomona 2014 General Plan and in the draft Zoning Ordinance Update. We asked the staff to share a copy of the economic impact study that they cited, and we have yet to receive it.
We also requested and continue to request that ample time be allotted to industrial stakeholders to provide data and input before the Zoning Ordinance Update is formally adopted.
NAIOP SoCal is a 1,200-member strong nonprofit organization representing the commercial real estate industry in Los Angeles and Orange counties. NAIOP SoCal members are professionals in industrial, office, retail, and multifamily real estate and include developers, owners, investors, brokers, architects, engineers, general contractors, finance professionals, and other services providers involved in the commercial real estate industry.
Across the Los Angeles Basin, the commercial real estate industry significantly contributes to our local economy, with nearly 10,000 firms providing more than 635,000 jobs and generating several billions of dollars in salaries and wages.
NAIOP SoCal members are closely engaged in providing substantial community benefits at no cost to taxpayers. Such benefits include upgrading streets, sidewalks, and other community infrastructure, funding local schools and parks, and significant boosts to municipalities and counties’ property and sales tax revenues. As stewards of sustainable development, our members generously contribute to the socioeconomic advancement of communities throughout southern California. Our members demonstrate their ongoing commitment to decarbonization and renewable energy by installing solar panels on warehouses, investing in zero-emission vehicles for on-site operations, deploying cool pavement technologies, and using environmentally friendly building materials.
In the City of Pomona Planning Division staff’s April 26, 2023 report regarding the draft Zoning Ordinance Update and addressed to members of the City Planning Commission, we are pleased to read about the “Wholesale Trade & Warehousing” subcategory under the “Light Industrial” general category. The “Wholesale Trade & Warehousing” subcategory itself is broken down into four types of uses, including E-Commerce, Microbusiness, Warehousing and Storage, and Logistics and Distribution. While the specification and definition of such use types are welcome, we are interested in better understanding any new limitations being proposed for the industrial zones, the specific locations of such zones being proposed in the Zoning Ordinance Update, and how potential limitations might impact existing industrial facilities and new industrial development.
NAIOP SoCal members value the importance of the manufacturing and healthcare sectors as economic engines across Southern California. Many area hospitals, however, carry three to seven days of medical and surgical inventory, and the close distance of warehouses to such mission critical institutions is paramount. Studies show that having logistics facilities and warehouses in proximity to manufacturing and healthcare clusters is a net positive for the vitality of the supply chain, improves efficiency, and contributes to a reduction in tailpipe emissions due to fewer vehicle miles traveled.
California has the nation’s strictest emission standards for diesel trucks. There has been a significant reduction in particulate matter and nitrogen oxides emissions from trucks in Southern California over the past twenty years. As a result of the California Air Resources Board’s Advanced Clean Fleets regulation, a growing number of local freight transport companies are investing in and deploying zero-emission trucks and contributing towards reducing the impact of tailpipe emissions on local communities. Emission reductions will continue as key laws and regulations go into effect and as technologies advance.
It is best to work together on a solution that benefits all community members, businesses and real estate owners.
For the above reasons, we request greater industrial sector engagement in the draft Zoning Ordinance Update review process. NAIOP SoCal and its members are ready to work with city staff to provide input and guidance on well-rounded solutions for all members of the Pomona community. NAIOP SoCal’s Government Relations Manager, Mihran Toumajan, will be the point with the city on this critically important issue. His contact information is [email protected] and (818) 817-1714.
Respectfully,
Timothy Jemal
CEO, NAIOP SoCal
CC: City Manager James Makshanoff - [email protected] City Clerk Rosalia Butler, MMC - [email protected] Development Services Director Anita Gutierrez, AICP - [email protected] Planning Manager Ata Khan - [email protected]
Associate Planner Alina Barron - [email protected]
Seventh Street Development
_____________________________________________________________________ 4875-4323-1095v.2 0119848-000001
328 E Commercial Road, #107
San Bernardino, CA 92408
Tel 562.427.7771
Fax 562.427.7774
August 14, 2023
Chair John Ontiveros
Vice Chair Yesenia Miranda Mesa
Commissioner Alfredo Camacho
Commissioner Gwen Urey
Commissioner Ron Vandermolen
Commissioner Kristie Kercheval
Commissioner Kyle Brown
City of Pomona Planning Commission
505 South Garey Avenue
Pomona, California 91766
RE: Comments on Draft Zoning Ordinance Update
Dear Members of the Pomona Planning Commission:
Thank you for asking for public input on the Zoning and Development Code draft that was released on July 27, 2023. Our firm, Seventh Street Development, has been developing small, light industrial and manufacturing buildings of the highest quality in the City of Pomona for nearly 20 years. We ask you to modify the draft Code to allow our proposed project on Veterans Park because: a) this is a small infill project completely compatible with all surrounding uses and will create good jobs and new revenues, b) we are under a contract approved by the City Council to purchase and develop the site, c) Veterans Park is not being used because it is in a poor location with no amenities and requires turf replacement of $2.5 million before players can safely use the field and d) the city spends $250,000 per year to secure the unoccupied site to avoid homeless encampments and vandalism. If the draft Code is not modified as proposed, economic development of the site is not feasible, and the site will become a blight and a liability to the neighboring businesses.
Background
To provide context on our great interest in the zoning update, we need to provide a little history. We entered into a Purchase Agreement and escrow with the City of Pomona in 2019 to purchase the 11- acre Veterans Park property and develop three small (40k to 90k sf) light industrial buildings, similar to the adjacent buildings we developed in prior phases. (Shown on Exhibit A as Mission 71 “East” and “West”.) Veterans Park is a flag lot with no public street. The parcel is bordered by the Alameda Corridor to the north, the 71 Freeway on the east, and light industrial buildings to the west and south. (See Exhibit A.) The Purchase Agreement, approved by the City Council in 2019, included a draft site plan for the proposed industrial buildings. In July 2022, we submitted a full CUP approval package including fees to Pomona Planning before the industrial moratorium was enacted1 . This CUP submittal
reflected an industrial site plan substantially the same as what was included in the Purchase Agreement.
1 The moratorium exempted projects with a development agreement in place. Since July 2022 we have urged the City to enter into a development agreement with us, which we believe is required under the Purchase Agreement. As discussed below, we hope that upon seeing the merits of our proposal the Planning Commission and City Council will direct staff to immediately commence negotiations of a DA for our project, which provides for a simple and elegant solution, in addition to making the changes discussed herein.