Planning Commission
May 22, 2024
Planning Commission
Planning Division Staff Report
DATE: May 22, 2024
TO: Chairperson and Members of the Planning Commission
FROM: Planning Division
SUBJECT: Planning Commission Recommendation to City Council to Adopt the Comprehensive Update to the Pomona Zoning and Subdivision Ordinances Executive Summary
The new Zoning and Development Code (“New Code”) successfully implements the goals and policies of the 2014 Pomona General Plan by achieving the following objectives:
a. Replaces Euclidean zoning with a modular zoning framework that implements General Plan place types and land use goals and policies through Zoning Districts, each with Form, Frontage, and Use modules, and Site standards.
b. Establishes objective design standards consistent with State law. c. Improves legal and procedural use of the code in a refined Administration chapter.
Furthermore, the New Code meets the grant objectives set by the California Department of Housing and Community Development in its SB 2 and LEAP Programs for permit streamlining to accelerate housing production.
The New Code excludes the Downtown Pomona Specific Plan, Pomona Corridors Specific Plan, and 2016 Phillips Ranch Specific Plan Amendment for the Pomona Ranch Plaza, each of which have already implemented the 2014 Pomona General Plan. It also excludes the Phillips Ranch Specific Plan, Mountain Meadows Specific Plan, Pomona Valley Hospital Medical Center Specific Plan, and Mission 71 Business Park. The Phillips Ranch Specific Plan and Mountain Meadows Specific Plan will be updated at a future date to be incorporated into the base Zoning and Development Code, while the hospital and business park plans may be retained as is with soft updates to procedure and administration. The 1981 Kellogg Plaza Specific Plan is being eliminated and folded into this effort.
Attachment 5
Pomona Zoning Code Update
Planning Commission
May 22, 2024
The majority of public concern over the first and second drafts of the New Code centered on regulations for industrial-related properties. These concerns included non-conforming use timelines, development standards for new industrial buildings, and use permissions for industrial land uses. The final Draft incorporates changes that address many of these concerns, and reduces the overall likelihood and number of non-conforming industrial properties in the City affected by the Code by opening up Distribution-oriented permissions in the Workplace Districts, conditionally allowing manufacturing in the IX1 mixed-use module, and establishing a Microbusiness fulfillment-oriented use under 22,500 square feet in the Workplace District.
Additional public concern was related to urban agriculture, farming, gardening, and homesteading provisions. The final Draft incorporates changes that significantly open up the ability to homestead and establish urban farms citywide, meeting the Neighborhood Resources goals of the Pro Housing Pomona Housing Element.
The update was carried out by City Staff working with Code Studio, a consultancy with expertise in designing form-based zoning codes. Alina Barron managed the effort on behalf of the City, and Max Pastore managed on behalf of Code Studio. City Staff modeled the initial approach to this effort from the City of Los Angeles, in conversation with Erick Lopez and former Code Studio staff member Kevin Howard, both of whom advised the City on how a modular framework operates, and continued to periodically consult staff currently working in the City’s Zoning Integration Program (ZIP). The City’s final draft departs from the City of Los Angeles insofar as it still establishes distinct zoning districts that directly tie back to Pomona General Plan land use place types. The update began in July 2021 and took approximately three years to complete. It was written collaboratively with the community, including 26 public discussions with the Planning Commission across 75 hours, 33 community meetings and pop-up events across 100 hours, and 250 hours of one-on-one stakeholder meetings and in-person site visits conducted by City Staff at over 100 locations. The effort is funded primarily by the State of California through two grants: SB2, and LEAP (Local Early Action Program).
Staff Recommendation
Staff recommends that the Planning Commission recommend to City Council approval of the comprehensive update to the Pomona Zoning and Subdivision Ordinances.
Pomona Zoning Code Update
Planning Commission
May 22, 2024
The Existing Code
The existing Pomona Zoning Ordinance, adopted in 1949 and comprehensively updated through Ordinance No. 1466 in 1957, was built upon a Euclidean zoning framework. Euclidean zoning is the most common forms of zoning found in the United States. Euclidean zoning is characterized by the separation of land uses, classified under broad categories such as agricultural, residential, commercial, or industrial, among others. These broad categories are then formed into districts for residential, commercial, and industrial zones. Each district is then placed into a pyramid of intensity. In a Euclidean zoning framework, residential districts would typically begin with a Residential Zoning District 1 (R-1) as a base of the
pyramids allowing the lowest number of housing units,
working its way up to the Residential Zoning District 4 (R4) allowing the highest number of housing units, but always keeping the districts together under the residential district umbrella. Similarly for commercial districts, the Commercial District 1 (C-1) would be the least permissive of commercial land uses and the Commercial District 4 (C4) would be the most permissive of commercial land uses.
In most scenarios, this pyramid method refers back to the lowest tier standards with additional permissions, meaning any changes to lowest tier would effectively change every district in that category.
While the Euclidean zoning framework can be beneficial in defining land uses, it lacks the flexibility, nuance, and consideration at the neighborhood level. Over time this type of framework becomes more difficult to revise without multiple revisions needing to take place which inherently makes it more difficult to tailor standards based on the unique fabric of a given area.
An example of an issue that occurs with land uses, is if the community found that in the C-1 zone that the land use “auto repair” is incompatible due to intensity, revising the code to prohibit “auto repair” in the C-1 zone would inherently also prohibit “auto repair” in the C-2, C-3, and C-4 zones. This would require a double action to take place, the first amendment to prohibit “auto repair” in C-1 zone and a second amendment to allow “auto repair” in the C-2 zone to effectively allow them in the C-3, and C-4 zones.
The issue of lack of flexibility and nuance of the existing code additionally extends to development standards, which require even more nuance as they should be spatial analyzed by lot size, general neighborhood configurations, and consider existing conditions. An example C-4
C-3
C-2
C-1
Figure 1.1 Commercial District Hierarchy
Pomona Zoning Code Update
Planning Commission
May 22, 2024
of this issue, is if the community found that the front yard setback was too large for a specific neighborhood, it `would require a change to all of the C-1 zones citywide, and subsequently all C-2, C-3, and C-4 zones as well, regardless of spatial analysis or existing conditions.
The New Code
The New Code (Attachment 2) will remove the outdated post-World War II Zoning Code framework which implements a Euclidean framework and replace it with a modular framework. This modular framework contains development standards with contextually appropriate best practices, replaces arbitrary and difficult standards with measurable standards, introduces graphics and user-friendly navigation. Below is a summary of the key objectives achieved by the New Code.
(A) Replacing Euclidean with a Modular Framework
The New Code is built on a modular zoning framework that enables the City to meaningfully implement the form-based policies of the land use and community design chapters of the Pomona General Plan. This framework creates distinct modules of development standards with each district directly aligning with the designated Place Types identified in the General Plan creating a total of 8 district types and 32 variations with “Open Space” aligning with “Parkland Districts”.
Pomona Zoning Code Update
Planning Commission
May 22, 2024
Fig.1.2. General Plan Place Types Fig. 1.3. Zoning & Development Code District Types The Place Types listed in the General Plan contain separate descriptions, goals, and policies that have specific form, frontage, site, and land use considerations. A zoning district includes a form module, frontage module, and use module. Modules are combined into zoning district bracket sets to implement Pomona's General Plan. Where applicable, additional modules in a second bracket set may be included to identify historic designations and overlay districts.
Fig.1.4. Zoning District Brackets
Pomona Zoning Code Update
Planning Commission
May 22, 2024
The Zoning District core is made up of three modules which regulate the following:
1. [FORM]
Form regulates the placement, scale, and intensity of buildings and structures on a lot. Form modules ensure that building forms are compatible with their context and promote projects that support the General Plan and community needs.
2. [FRONTAGE]
Frontage regulates portions of a lot and building facades that impact the public realm.
Frontage modules ensure that projects respond to the public realm appropriately. Modules range from flexible standards for open space frontages with limited buildings to more robust standards for shopfront frontages where buildings need to support an active and high-quality public realm with strong associations with uses inside buildings.
3. [USE]
Use regulates use standards and use definitions which regulate activities on a lot and mitigate potential impacts within and surrounding a property as a result of those activities.
In addition to these three modules, the Site chapter of the New Code will regulate site design, including the location and characteristics of access, parking, landscape, and other site features. Site consists of a combination of regulations that are appropriate to a variety of contexts such as transit-oriented centers, special campuses, suburban neighborhoods, and open spaces.
Pomona Zoning Code Update
Planning Commission
May 22, 2024
Fig.1.5. Street-Facing Façade Standards (Shopfront)
This framework is not dissimilar to
Euclidean in that it still regulates land
use, but is more advanced and
flexible as a tool, as it enables
targeted regulation of individual
variables as appropriate to fit the
growing needs of the community.
While the Form and Frontage
modules of the New Code both
contain new design standards that
are not a part of the original
framework, both modules have
distinct intents and set different
standards to aid in implementing the
General Plan.
The Form modules establish
standards for building height, width,
and depth, outdoor amenity space,
coverage, and lot size to regulate the
scale and intensity of new buildings
citywide, as called for in each of the
Place Types and Transects of the
General Plan.
The Frontage modules establish new
design standards for parking
location, vehicular access, build-to
areas, frontage landscaping, inactive
wall treatments, building entrance
orientation, and transparency which
requires projects to support a highquality public realm that is active, comfortable, safe, and visually
interesting, with strong connections
between the public realm and uses
inside buildings.
Pomona Zoning Code Update
Planning Commission
May 22, 2024
Fig. 1.6. Inactive Wall Treatment Types
The land use and community design chapters of the General Plan place high priority on building form and places focus on design that supports public activity and strengthens safety.
The reiterated goals and policies in the General Plan promote the efficient use of land that encourage walking, bicycling and transit use across all place types. To accomplish this the General Plan discusses moving away from “exclusively auto-oriented shopping and toward open-air, amenity driven formats that have both daytime and nighttime activity and are clustered at major crossroads”. Additionally, the community design chapter emphasizes the creation of more walkable and accessible street environments and strives to improve pedestrian safety.
To implement the vision set by the General Plan, the New Code eliminates the establishment of new auto-oriented uses, such as gas stations, drive-through establishments, car washes, and auto sales. It also eliminates the newly defined industrial land uses of Product Transportation, and Product Fulfillment greater than 22,500 square feet, both of which are subcategorized under Fulfillment-Oriented Uses.
Pomona Zoning Code Update
Planning Commission
May 22, 2024
To further aid in the implementation of the walkability goals of the General Plan, the New Code establishes for the first time "Accessory Commercial Units" or “ACUs” in residential neighborhoods. This will enable residents in the City's residential districts to convert existing, legally permitted vehicular garages into home-based businesses for Personal Services, such as a barber shop, salon, gym, or portrait studio. The goal of the ACUs is to remove financial barriers for small business ownership while promoting the creation of walkable amenities in residential neighborhoods at a small scale.
(B) Establishing Objective Design Standards Consistent with State Law The New Code approaches definitions to address State law concerns. The State of California now requires objective design standards for all housing projects. This means that beyond the traditional general terminology, all design standards are required to have objective definitions in order to be applicable to a housing project. With over 80% of Pomona permitting housing, creating objective design standards is crucial in assuring the implementation of the General Plan.
California Government Code, Section 65913.4 defines objective design standards as “a design standard that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official prior to submittal.”
Fig.1.7. Build-to-Zone Rules, Measurement
The New Code
includes design
standards that
quantifiable and
contains definitions
for how these
standards are
measured in the
“Rules” section of
each module and
include diagrams.
Pomona Zoning Code Update
Planning Commission
May 22, 2024
(C) Improving the Administration of the Code
The Administration chapter of the code defines the procedures for various approvals under the New Code and defines nonconformities. Additionally, it provides relief exceptions from specific requirements for existing lots, buildings and structures, and uses that conformed to the zoning regulations, if any, at the time they were lawfully established, but do not conform to current district standards or use permissions.
The nonconformities section of Administration outlines the discontinuance of nonconforming uses and the process by which a nonconforming use would lose its nonconforming status if said use has been determined to have been discontinued and deemed abandoned.
City Staff faces current challenges in administering the 2014 Pomona Corridors Specific Plan, because it is a form-based code with limited legal language on procedure, interpretation, and administration. The New Code improves upon this by explicitly writing administration language that provides legal procedure on addressing issues that may arise regarding newer concepts such as Form and Frontage.
Engaging the Public on the New Code
(A) Summary of Public Engagement Efforts
Between July 2021 and May 2024, City Staff held 26 public discussions with the Planning Commission across 75 hours, 33 community meetings and pop-up events across 100 hours, and 250 hours of one-on-one stakeholder meetings and in-person site visits conducted by City Staff at over 100 locations.
For the New Code, the Planning Division conducted community engagement with the approach of “meeting community members where they are,” by testing different approaches to outreach and using different platforms for sharing information with the general public in English and Spanish.
The Planning Division has consistently been conducting community outreach regarding the New Code since November 2021. Staff utilized the traditional approach of a standing community meetings but also deployed a more robust strategy of “pop-up” events. These popup events were intended to bridge the gap between local government and community members who may not be able to participate in community meetings. The goal of the pop-up events was to gather community input from a variety of census tracts and community events Pomona Zoning Code Update
Planning Commission
May 22, 2024
to diversify the input Staff received as well gain feedback from the community on the renderings before drafting district standards.
On April 13, 2022, Staff presented information to the Planning Commission on Modular Zoning Districts and introduced the Draft Zoning Map and three-dimensional modeling. The purpose of the presented information was to facilitate a discussion on the draft zoning map and potential zoning districts.
Following the information presented on April 13, 2022, the Planning Division held 27 pop-up events between April 26, 2022 and May 19, 2022, displaying the prepared three-dimensional renderings visualizing potential metrics and the goals and policies of the General Plan, at various locations throughout the City.
On June 22, 2022, the summary of findings on community engagement were presented to the Planning Commission.
Through this series of meetings and community engagement the three-dimensional modeling accomplished the following:
• Tested the viability of the goals and policies of each place type. • Tested the viability of potential zoning metrics on individual parcels. • Visually demonstrated potential zoning metrics.
• Allowed community feedback from a variety of census tracts for diversified input.
Between August 24, 2022 and July 26, 2023, the Planning Commission held a series of nine public discussions on the New Code, including topics such as vehicle parking, frontage and form modules, General Plan amendments, cumulative land use impacts, and draft land use categories.
On July 27, 2023, the City released the first public draft of the New Code. Between August 1 and August 19, the Planning Division held four community meetings around the first draft, on Small Business, Residential, Design, and Land Use provisions in the New Code. The Planning commission also held a three-part discussion on the draft between July 26 and August 23, 2023.
In response to public concern about industrial standards, the Planning Division released a Workplace District survey from September 1 to October 1, 2023, targeting properties in the Workplace District land use designation in the General Plan. The purpose of the survey was to Pomona Zoning Code Update
Planning Commission
May 22, 2024
understand operational realities and needs from the Pomona industrial community. Staff extended the survey to October 20 based on public requests.
Between October 25 and November 8, the Planning Commission held a two-part discussion summarizing the outcomes of the New Code outreach efforts conducted between July and October 2023. Based on these discussions, City Staff extended the expected adoption date of the New Code from October-December 2023 to Spring 2024 to allow for additional site visits, one-on-one stakeholders meetings, and research.
Between January 24 and March 27, 2024, the Planning Commission held four public discussions on recommended changes to the first draft and a review of administration provisions.
On April 10, 2024, the Planning Commission held a public discussion previewing the second draft of the New Code. City Staff released this draft on April 11, 2024.
On April 24, 2024, the Planning Commission held a public discussion to review comments provided on the second draft, and on May 8, 2024, held another public discussion to formally review every formal public comment letter submitted to date regarding the New Code. (B) Summary of Notable Public Comment on the New Code
City Staff has received 137 formal public comment letters on the New Code (Attachment 4).
The majority of these comments represent a form letter signed by individual residents, submitted by Clean and Green, a local non-profit organization. Another community letter was issued by various urban farms in Pomona. Six comment letters were issued by the National Association of Industrial and Office Parks (NAIOP) Southern California, a lobbying group that has focused on industrial standards in the New Code. 11 letters represent various individual properties or property owners.
Table 1.1 Summary of Formal Comment Letters Received by City Staff Staff has reviewed all comment letters and provided a tabular summary for each comment along with a Staff response to how the final draft of the New Code addresses the concern.
Pomona Zoning Code Update
Planning Commission
May 22, 2024
Table 1.2 Summary of Lobbying Comment Letters and City Staff Response Pomona Zoning Code Update
Planning Commission
May 22, 2024
Table 1. 3 Summary of Community Comment Letters and Staff Responses Table 1.4 Summary of Property Representative Comment Letters and Staff Responses Pomona Zoning Code Update
Planning Commission
May 22, 2024
Environmental Review
In 2014, the City of Pomona adopted an update to its general plan entitled Pomona Tomorrow (“General Plan”). As part of the 2014 General Plan, the City of Pomona certified the environmental impact report (“EIR”) for the General Plan Update, Corridors Specific Plan, Active Transportation Plan and Green Plan (State Clearinghouse No. 2012051025) (“General Plan EIR”).
Several planned activities were contemplated as part of the development of the General Plan in order to implement its goals and policies, specifically, the city-wide update of the zoning and subdivision ordinances (“Zoning Code Update”) was identified as one of the planned activities.
Further, the Zoning Code Update has been prepared to be fully consistent with the General Plan and no amendments to the General Plan are being considered as part of this project.
Pursuant to California Public Resources Code (PRC) Section 21166 Subsequent or Supplemental Impact Report; Conditions and California Code of Regulations (CRC) Section 15162 Subsequent EIRs and Negative Declaration, it has been determined that no subsequent EIR shall be prepared for the proposed amendment to the Zoning Code Update as none of the conditions described in CRC Section 15162 exist.
There are no substantial changes contemplated by the proposed project that will require major revisions of the previous EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects. There are no substantial changes because the Zoning Code Update, which is identified as a planned activity by the General Plan, includes use permissions and development standards that were designed according to the designated land use place types (Activity Centers, Neighborhood Edges, Residential Neighborhoods, Special Campuses, Transit Oriented Districts, Urban Neighborhoods, and Workplace Districts), designated density and intensity transect zones (T3 Typical, T4-B Residential Transition, T4-B Secondary Corridors, T4-B Neighborhood Edge, T4-A, Typical, T5 Typical, T6-B Typical, T6-A Downtown Core, SD Special Districts, and SC Special Campus), as well as applicable land use policies and goals for the respective land use place types and plan components (Community Design, Conservation, Economic Development, Land Use & Density, Mobility & Access, Noise & Safety, and Open Space Network).
No changes or amendments to the General Plan are contemplated as part of the Zoning Code Update as it will implement the goals and policies of the General Plan as originally contemplated and analyzed in the General Plan EIR.
Pomona Zoning Code Update
Planning Commission
May 22, 2024
No substantial changes have occurred with respect to the circumstances under which the proposed project are undertaken that will require major revisions of the previous EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects.
No substantial changes have occurred because the General Plan EIR assessed the implementation of a general plan that, by its nature, considered cumulative development anticipated with future buildout under the plan within the City’s defined plan area and to date, the City has not approved development that would conflict or deviate with the General Plan and no amendments have been adopted that conflict or deviate with the General Plan.
There is no new information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified, showing that: (a) the proposed project will have one or more significant effects not discussed in the EIR; (b) there are significant effects previously examined that will be substantially more severe than shown in the EIR; (c) there are mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects of the proposed project, but the City declines to adopt the mitigation measure or alternative; or (d) mitigation measures or alternatives which are considerably different from those analyzed in the EIR would substantially reduce one or more significant effects on the environment, but the City declines to adopt the mitigation measure or alternative.
All substantially pertinent environmental information and feasible mitigation measures relevant to the Zoning Code Update have been analyzed in the General Plan EIR and remain relevant to the existing environment.
Public Legal Notification
City Staff conducted required legal notification for the processing a formal Code Amendment by publishing a public hearing notice in the Inland Valley Daily Bulletin, the local paper of circulation, on May 10, 2024 (Attachment 5).
Active Projects Affected by the New Code
Several ministerial and discretionary applications are currently under review and may be affected by the implementation of the New Code.
Pomona Zoning Code Update
Planning Commission
May 22, 2024
Staff, in consultation with the Planning Commission, has established a list of types of applications that will be vested against changes in the New Code. These can be found in Section 100.E Applicability (Page 1-3 of Attachment 2).
Meeting State Grant Objectives
The New Code is funded primarily through two State of California grants, both issued by the California Department of Housing and Community Development. The grants are SB2 and LEAP.
The purpose of these grants is to accelerate housing production. The New Code meets the intent of these grants by establishing residential uses as a by-right use permission, removing any Conditional Use Permit requirements for residential uses. It also accelerates housing production by allowing the ministerial permitting of multiple residential units on any residential lot in the City and the establishment of objective design standards to remove judgment and subjectivity out of the review process.
Next Steps
Upon Planning Commission approval of a recommendation, the New Code will be brought forward to the City Council for a first reading, tentatively scheduled for Monday, June 3, 2024, with an anticipated second reading on Monday, June 17, 2024.
Prepared by: Submitted by:
Alina Barron Ata Khan
Associate Planner Deputy Director of Development Services Vincent Tam
Senior Planner
Attachments
1) Draft PC Resolution
2) Draft Zoning & Development Code, dated May 15, 2024
3) Draft Zoning Map, dated March 28, 2024
4) Public Comment Letters Received to Date
5) Proof of Legal Public Noticing
65318.10300\34021588.2
RESOLUTION NO. 24-XX
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
POMONA, CALIFORNIA RECOMMENDING CITY COUNCIL APPROVAL
OF A CITY-INITIATED, COMPREHENSIVE AMENDMENT TO THE CITY OF POMONA ZONING AND SUBDIVISION ORDINANCES (“ZONING CODE UPDATE”)
WHEREAS, the City of Pomona has duly initiated Code Amendment (CODE-000698- 2024);
WHEREAS, the interpretation of consistency with the 2014 General Plan shall be done through the updating of the Pomona Zoning Ordinance;
WHEREAS, the Pomona Zoning and Development Code implements the 2014 Pomona General Plan, 2022 Housing Element (2021-2029 Sixth Cycle) and the 2012 Pomona Green Plan and 2012 Active Transportation Plan;
WHEREAS, on July 14, 2021, the Planning Commission of the City of Pomona, during its regularly scheduled meeting, held the initial discussion to commence the formal updating of Appendix I, Zoning Ordinance of the Pomona City Code “Zoning Code Update”; WHEREAS, on July 28, 2021, the Planning Commission, during its regularly scheduled meeting, held a discussion pertaining to land use permissions for the Zoning Code Update; WHEREAS, on September 8, 2021, the Planning Commission, during its regularly scheduled meeting continued the discussion pertaining to the modular framework and the implementation of the 2014 Pomona General Plan “General Plan” for the Zoning Code Update; WHEREAS, on November 4, 2021, the Planning Division held a community meeting introducing the modular framework and the implementation of the General Plan for the Zoning Code Update;
WHEREAS, on April 13, 2022, the Planning Commission held a Special Meeting to introduce the draft Zoning Map implementing the General Plan placetypes, analyze threedimensional renderings visualizing potential metrics and the goals and policies of the General Plan, and discussion the community outreach approach for the Zoning Code Update; WHEREAS, on April 20, 2022, the Planning Division held a community meeting introducing the draft Zoning Map and prepared three-dimensional renderings visualizing potential metrics and the goals and policies of the General Plan, demonstrating the spatial impacts of potential zoning metrics;
WHEREAS, between April 26, 2022 and May 19, 2022, the Planning Division held 27 pop-up events displaying the prepared three-dimensional renderings visualizing potential metrics PC Resolution No. 24-x
Comprehensive Update to Pomona Zoning Ordinance
CODE 000698-2024
and the goals and policies of the General Plan, at various locations across the City of Pomona in effort to collect input from community members regarding the Zoning Code Update; WHEREAS, on June 22, 2022, the Planning Commission, during its regularly scheduled meeting, held a discussion summarizing the outcomes of the Zoning Code Update community outreach occurring between April and May of 2022 to be incorporated into the analysis as part of drafting the Zoning and Development Code;
WHEREAS, on August 24, 2022, the Planning Commission, during its regularly scheduled meeting, held a discussion on development standards for the parking of vehicles on private property in residential, commercial, and industrial zones for the Zoning Code Update; WHEREAS, on November 9, 2022, the Planning Commission, during its regularly scheduled meeting, held a discussion on draft building form and frontages modules which establish development standards for private property in residential, commercial and industrial zones for the Zoning Code Update;
WHEREAS, on January 11, 2023, the Planning Commission, during its regularly scheduled meeting, held a discussion on draft land use module intents which establish permitted use standards, and use definitions on private property in residential, commercial, and industrial zones for the Zoning Code Update;
WHEREAS, on January 25, 2023, the Planning Commission, during its regularly scheduled meeting, continued the discussion on draft land use module intents which establish permitted use standards, and use definitions on private property in residential, commercial, and industrial zones for the Zoning Code Update;
WHEREAS, on February 8, 2023, the Planning Commission, during its regularly scheduled meeting, held a discussion regarding potential General Plan Amendments to coincide with the comprehensive Zoning Code Update;
WHEREAS, on February 22, 2023, the Planning Commission, during its regularly scheduled meeting, held a discussion regarding land use permissions and regulation of cumulative land use impacts for the Zoning Code Update;
WHEREAS, on April 12, 2023, the Planning Commission, during its regularly scheduled meeting, held a discussion regarding on draft land use categories and definitions for the Zoning Code Update;
WHEREAS, on July 12, 2023, the Planning Commission, during its regularly scheduled meeting, held a discussion regarding on draft development standards and use permissions for Wireless Communication Facilities for the Zoning Code Update; WHEREAS, on July 26, 2023, the Planning Commission, during its regularly scheduled meeting, held a discussion part 1 of 3, regarding the release of the draft Zoning & Development PC Resolution No. 24-x
Comprehensive Update to Pomona Zoning Ordinance
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Code, community outreach approach for the draft;
WHEREAS, on July 27, 2023, the Planning Division released the first public draft of the updated Pomona Zoning and Development Code;
WHEREAS, on August 1, 2023 and August 8, 2023, the Planning Division held a community meeting focused on Small Business, discussing with community members the draft Zoning & Development Code related to the expansion of permissions for home occupations, homebased businesses, and accessory commercial units to collect input from community members; WHEREAS, on August 5, 2023 and August 19, 2023, the Planning Division held a community meeting focused on Residential, discussing with community members the draft Zoning & Development Code related to home additions, garage conversions, parking, patios, fences, and driveways to collect input from community members;
WHEREAS, on August 9, 2023, the Planning Commission, during its regularly scheduled meeting, continued the discussion part 2 of 3, regarding the release of the draft Zoning & Development Code, and how to read the draft Zoning and Development Code with emphasis on Part 3, 4, and 6 (Form, Frontage, & Site) of the draft; WHEREAS, on August 15, 2023, the Planning Division held a community meeting focused on Design standards, discussing with community members the draft Zoning & Development Code related to new design standards for commercial, industrial, and mixed-use buildings to collect input from community members;
WHEREAS, on August 16, 2023, the Planning Division held a community meeting focused on Land Uses, discussing with community members the draft Zoning & Development Code related to new land use permissions, nonconforming uses, and land use standards for all use types for residential, commercial, and industrial zones to collect input from community members; WHEREAS, on August 23, 2023, the Planning Commission, during its regularly scheduled meeting, continued the discussion part 3 of 3 discussion, regarding the release of the draft Zoning & Development Code, and how to read the draft Zoning and Development Code with emphasis on Part 5 & 11 (Use, Administration) of the draft; WHEREAS, on September 1, 2023, the Planning Division released a Workplace District Survey from September 1, 2023 through October 1, 2023, targeting properties on the Workplace District land use designation of the General Plan. On that date, mailers with a link to the digital survey were sent to all property owners and occupants located within the City’s Workplace Districts;
WHEREAS, the purpose of the Workplace District Survey was to understand operational realities and needs from the Pomona industrial community, and to hear concerns related to industrial operations from residents living within or affected by these industrial areas; PC Resolution No. 24-x
Comprehensive Update to Pomona Zoning Ordinance
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WHEREAS, based on requests made by community members the Workplace District survey was extended from the end date of October 1, 2023, to October 20, 2023; WHEREAS, on September 13, 2023, the Planning Commission, during its regularly scheduled meeting, held a discussion regarding the improvement of existing Zoning Clearance Procedures and the proposed Zoning Clearance Procedures in the draft Zoning and Development Code;
WHEREAS, on October 25, 2023, the Planning Commission, during its regularly scheduled meeting, held a discussion part 1 of 2, summarizing the outcomes of the Zoning Code Update community outreach occurring between July and October of 2023 to be incorporated into the analysis as part of drafting the Zoning and Development Code; WHEREAS, on November 8, 2023, the Planning Commission, during its regularly scheduled meeting, continued the discussion part 2 of 2, summarizing the outcomes of the Zoning Code Update community outreach occurring between July and October of 2023 to be incorporated into the analysis as part of drafting the Zoning and Development Code; WHEREAS, based on issues raised from community members through community outreach efforts regarding industrial land use permissions, the Zoning Code Update adoption calendar was extended from October – December 2023 to February – April 2024 to allow for the requested additional community review of the draft Zoning & Development Code and to allow staff to research and propose additional revisions to the Zoning Development Code; WHEREAS, on January 24, 2024, the Planning Commission, during its regularly scheduled meeting, held a discussion part 1 of 2, on recommended changes to the existing Draft Zoning and Development Code.
WHEREAS, on February 14, 2024, the Planning Commission, during its regularly scheduled meeting, held a discussion part 2 of 2, on recommended changes to the existing Draft Zoning and Development Code.
WHEREAS, on February 28, 2024, the Planning Commission, during its regularly scheduled meeting, held a discussion on additional points raised during the February 14 discussion, including drive-through facilities and outdoor storage provisions; WHEREAS, on March 27, 2024, the Planning Commission, during its regularly scheduled meeting, held a discussion on Administrative Provisions for the Zoning and Development Code on establishing vesting criteria for pending applications that will be affected by the upcoming code update, along with recommendations on establishing a ministerial, by-right use zoning clearance process;
WHEREAS, on April 10, 2024, the Planning Commission, during its regularly scheduled meeting, held a discussion to preview the second draft of the Zoning and Development Code, and facilitate a discussion on key changes that incorporate input from engagement sessions with the PC Resolution No. 24-x
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CODE 000698-2024
community, stakeholders, and the Commission.
WHEREAS, on April 11, 2024, the Planning Division released the second public draft of the updated Pomona Zoning and Development Code;
WHEREAS, on April 24, 2024, the Planning Commission, during its regularly scheduled meeting, held a discussion to review comments provided from stakeholders who reviewed the second draft of the Zoning and Development Code and to facilitate a discussion with Commission and the community on any additional comments;
WHEREAS, on May 8, 2024, the Planning Commission, during its regularly scheduled meeting, held a discussion to review each public comment letter formally submitted to date regarding the Zoning and Development Code, and provide answers and data where relevant to address any questions or concerns raised;
WHEREAS, the Planning Commission held a total of 26 discussions between July 14, 2021 and May 8, 2024 regarding the Zoning and Development Code; WHEREAS, the Planning Commission held a total of 33 community meetings between July 14, 2021 and May 8, 2024 regarding the Zoning and Development Code, including 27 popup events; WHEREAS, the Planning Commission of the City of Pomona, after giving notices thereof as required by law, held a public hearing on May 22, 2024 concerning Code Amendment (CODE 000698-2024) and carefully considered all pertinent testimony and the staff report offered in the case as present;
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Pomona as follows:
SECTION 1. The Planning Commission hereby finds that the foregoing recitals are true and correct and are incorporated herein as substantive findings of this Resolution.
SECTION 2. The Planning Commission, exercising independent judgment, finds and determines that this ordinance is statutorily exempt from the provisions of the California Environmental Quality Act (“CEQA”). In 2014, the City of Pomona adopted an update to its general plan entitled Pomona Tomorrow (“General Plan”). As part of the 2014 General Plan, the City of Pomona certified the environmental impact report (“EIR”) for the General Plan Update, Corridors Specific Plan, Active Transportation Plan and Green Plan (State Clearinghouse No. 2012051025) (“General Plan EIR”). Several planned activities were contemplated as part of the development of the General Plan in order to implement its goals and policies, specifically, the citywide update of the zoning and subdivision ordinances (“Zoning Code Update”) was identified as one of the planned activities. Further, the Zoning Code Update has been prepared to be fully consistent with the General Plan and no amendments to the General Plan are being considered as PC Resolution No. 24-x
Comprehensive Update to Pomona Zoning Ordinance
CODE 000698-2024
part of this project. Pursuant to California Public Resources Code (PRC) Section 21166 Subsequent or Supplemental Impact Report; Conditions and California Code of Regulations (CRC) Section 15162 Subsequent EIRs and Negative Declaration, it has been determined that no subsequent EIR shall be prepared for the proposed amendment to the Zoning Code Update as none of the conditions described in CRC Section 15162 exist. There are no substantial changes contemplated by the proposed project that will require major revisions of the previous EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects. There are no substantial changes because the Zoning Code Update, which is identified as a planned activity by the General Plan, includes use permissions and development standards that were designed according to the designated land use place types (Activity Centers, Neighborhood Edges, Residential Neighborhoods, Special Campuses, Transit Oriented Districts, Urban Neighborhoods, and Workplace Districts), designated density and intensity transect zones (T-3 Typical, T4-B Residential Transition, T4-B Secondary Corridors, T4-B Neighborhood Edge, T4-A, Typical, T5 Typical, T6-B Typical, T6-A Downtown Core, SD Special Districts, and SC Special Campus), as well as applicable land use policies and goals for the respective land use place types and plan components (Community Design, Conservation, Economic Development, Land Use & Density, Mobility & Access, Noise & Safety, and Open Space Network). No changes or amendments to the General Plan are contemplated as part of the Zoning Code Update as it will implement the goals and policies of the General Plan as originally contemplated and analyzed in the General Plan EIR. No substantial changes have occurred with respect to the circumstances under which the proposed project are undertaken that will require major revisions of the previous EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects. No substantial changes have occurred because the General Plan EIR assessed the implementation of a general plan that, by its nature, considered cumulative development anticipated with future buildout under the plan within the City’s defined plan area and to date, the City has not approved development that would conflict or deviate with the General Plan and no amendments have been adopted that conflict or deviate with the General Plan. There is no new information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified, showing that: (a) the proposed project will have one or more significant effects not discussed in the EIR; (b) there are significant effects previously examined that will be substantially more severe than shown in the EIR; (c) there are mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects of the proposed project, but the City declines to adopt the mitigation measure or alternative; or (d) mitigation measures or alternatives which are considerably different from those analyzed in the EIR would substantially reduce one or more significant effects on the environment, but the City declines to adopt the mitigation measure or alternative. All substantially pertinent environmental information and feasible mitigation measures relevant to the Zoning Code Update have been analyzed in the General Plan EIR and remain relevant to the existing environment.
SECTION 3. Based on consideration of the whole record before it, including but not limited to, the staff report, public testimony received at the public hearing on this matter, and evidence made part of the public record, the Planning Commission hereby finds that the proposed Code Amendment is in the public interest and in the interest of the furtherance of PC Resolution No. 24-x
Comprehensive Update to Pomona Zoning Ordinance
CODE 000698-2024
the public health, safety, and welfare and is, as a matter of law, consistent with the Pomona General Plan pursuant to Government Code Section 65852.2(a)(1)(c).
SECTION 4. For the reasons set forth above, the Planning Commission of the City of Pomona hereby recommends that the City Council approve Code Amendment (CODE 00698-2024), attached hereto as Exhibit A (Text) and Exhibit B (Map), and as an associated action, rescind and replace Ordinance 1466 establishing the Pomona Zoning Ordinance and all subsequent amendments to date of said ordinance, inclusive of the associated Zoning Map.
SECTION 5. The Secretary shall certify to the adoption of this Resolution and forward the original to the City Clerk.
APPROVED AND ADOPTED THIS 22ND DAY OF MAY, 2024
ALFREDO CAMACHO
PLANNING COMMISSION CHAIRPERSON
ATTEST:
ATA KHAN
PLANNING COMMISSION SECRETARY
APPROVED AS TO FORM:
MARCO A. MARTINEZ
DEPUTY CITY ATTORNEY
PC Resolution No. 24-x
Comprehensive Update to Pomona Zoning Ordinance
CODE 000698-2024
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss
CITY OF POMONA )
AYES:
NOES:
ABSTAIN:
ABSENT:
Pursuant to Resolution No. 76-258 of the City of Pomona, the time in which judicial review of this action must be sought is governed by California Code of Civil Procedure Section 1094.6.
PC Resolution No. 24-x
Comprehensive Update to Pomona Zoning Ordinance
CODE 000698-2024
Appendix I
City of Pomona
Zoning and Development Code
D R A F T
May 16, 2024
EXHIBIT A: TEXT
(CODE-000698-2024)
ii Zoning & Development Code | Pomona, California DRAFT May 16, 2024 Pomona, California | Zoning & Development Code i
Contents
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CONTENTS
Part 1. Introductory Provisions 1-1
Sec. 100. Legal Requirements 1-2
Sec. 110. Orientation 1-8
Part 2. Summary of Zoning Districts 2-1
Sec. 200. Zoning Districts 2-2
Part 3. Form 3-1
Subpart 3A. Form Introduction 3-3
Sec. 300. Orientation 3-4
Sec. 310. General Provisions 3-7
Subpart 3B. Form Modules 3-9
Sec. 320. House Form Modules 3-10
Sec. 330. Low-Rise Form Modules 3-16
Sec. 340. Mid-Rise Form Modules 3-22
Sec. 350. Special Form Modules 3-26
Subpart 3C. Form Rules 3-31
Sec. 360. Lot Size 3-32
Sec. 370. Coverage 3-34
Sec. 380. Amenity 3-40
Sec. 390. Building 3-46
Part 4. Frontage 4-1
Subpart 4A. Frontage Introduction 4-3
Sec. 400. Orientation 4-4
Sec. 410. General Provisions 4-6
Subpart 4B. Frontage Modules 4-11
Sec. 420. Neighborhood Yard Frontage Modules 4-12
Sec. 430. Multi-Unit Frontage Modules 4-16
Sec. 440. General Frontage Modules 4-18
Sec. 450. Shopfront Frontage Modules 4-22
Sec. 460. Special Frontage Modules 4-24
ii Zoning & Development Code | Pomona, California
Contents
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Subpart 4C. Frontage Rules 4-29
Sec. 470. Build-To 4-30
Sec. 480. Parking Location 4-40
Sec. 490. Landscaping 4-42
Sec. 4100. Transparency 4-49
Sec. 4110. Entrances 4-64
Sec. 4120. Ground Story 4-74
Part 5. Use 5-1
Subpart 5A. Use Introduction 5-3
Sec. 500. General Provisions 5-4
Subpart 5B. Use Modules 5-7
Sec. 510. Use Modules 5-8
Sec. 520. Allowed Uses 5-11
Subpart 5C. Use Rules 5-19
Sec. 530. Use Definitions 5-20
Sec. 540. Use Standards 5-47
Sec. 550. Accessory Uses and Structures 5-72
Sec. 560. Temporary Uses and Structures 5-83
Part 6. Site 6-1
Subpart 6A. Site Introduction 6-3
Sec. 600. General Provisions 6-4
Subpart 6B. Site Rules 6-7
Sec. 610. Parking and Access 6-8
Sec. 620. Landscaping and Screening 6-39
Sec. 630. Signs 6-69
Sec. 640. Environmental Protection 6-69
Part 7. Alternate Typologies 7-1
Subpart 7A. Alternate Typologies Introduction 7-3
Sec. 700. General Provisions 7-4
Subpart 7B. Alternate Typologies 7-7
Sec. 710. Open Lot 7-8
Sec. 720. Manufactured Housing Park 7-14
Subpart 7C. Alternate Typology Rules 7-19
Sec. 730. Alternate Typology Rules 7-20
Pomona, California | Zoning & Development Code iii
Contents
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Part 8. Historic and Other Supplemental Provisions 8-1
Sec. 800. Historic Preservation 8-2
Sec. 810. Specific Plans 8-34
Sec. 820. Overlay Districts 8-36
Sec. 830. Special Provisions 8-41
Part 9. Streets 9-1
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
Sec. 910. Street Types 9-8
Part 10. Division of Land 10-1
Sec. 1000. General Provisions 10-2
Sec. 1010. Subdivision Design Standards 10-4
Sec. 1020. Subdivision Map Standards 10-10
Part 11. Administration 11-1
Sec. 1100. Authority 11-4
Sec. 1110. Application Filing and Processing 11-9
Sec. 1120. Public Hearings 11-24
Sec. 1130. Appeals 11-27
Sec. 1140. Performance Guarantees 11-29
Sec. 1150. Legislative Review 11-31
Sec. 1160. Discretionary Review 11-39
Sec. 1170. Administrative Review 11-59
Sec. 1180. Subdivision Review 11-62
Sec. 1190. Historic Preservation Review 11-64
Sec. 11100. Nonconformities 11-74
Sec. 11110. Violations and Enforcement 11-87
Part 12. General Rules 12-1
Sec. 1200. General Standards and Measurement 12-2
Sec. 1210. General Terminology 12-27
Part 13. Appendix 13-1
Sec. 1300. Landscape (Formerly Sec. 503-J) 13-3
Sec. 1310. Signs (Formerly Sec. 503-K) 13-34
iv Zoning & Development Code | Pomona, California DRAFT May 16, 2024 DRAFT May 16, 2024 Pomona, California | Zoning & Development Code 1-1 Part 1 | Introductory Provisions
Part 1.
INTRODUCTORY PROVISIONS
Sec. 100. Legal Requirements 1-2
100.A. Title 1-2
100.B. Effective Date 1-2
100.C. Intent and Purpose 1-2
100.D. Authority 1-3
100.E. Applicability 1-3
100.F. Conflicting Requirements 1-6
100.G. Consistency with the General Plan 1-6
100.H. Relationship to Specific Plans 1-6
100.I. Relationship to Development Agreements 1-6
100.J. Relationship to Prior Code 1-6
100.K. Status of Covenants and Agreements 1-7
100.L. Severability 1-7
Sec. 110. Orientation 1-8
110.A. Zoning District Brackets 1-8
110.B. Other Code Components 1-11
110.C. Zoning Code Maps 1-12
1-2 Zoning & Development Code | Pomona, California DRAFT May 16, 2024 Part 1 | Introductory Provisions Title
Sec. 100. Legal Requirements
100.A. Title
This Zoning and Development Code is be known as the "City of Pomona Zoning and Development Code." It is referred to or cited throughout the ordinance as "the Zoning and Development Code" or "the Code."
100.B. Effective Date
This Zoning and Development Code was adopted on [Month, Day, Year] and became effective on [Month, Day, Year].
100.C. Intent and Purpose
The purpose of the Zoning and Development Code is to protect and promote the public health, safety, comfort, convenience, and welfare, and more particularly to:
1. Implement the General Plan through actions including, but not limited to, the administration of Specific Plans, zoning, and subdivision as set forth in the California Government Code (Sec. 65103.).
2. Endeavor to promote public interest in, discussion of, and understanding of the General Plan, and regulations relating to it as set forth in the California Government Code (Sec. 65103.).
3. Ensure a balanced inventory of sufficient land offering appropriate use designations and development intensities in strategic locations to accommodate future growth as set forth in the General Plan.
4. Promote a balanced mix of uses throughout the City that can be part of an integrated and sustainable local economy that supports harmonious diversity and economic prosperity as set forth in the General Plan.
5. Promote a more efficient pattern of permitted land uses throughout the City. Provide a better balance between permitted land uses and the amount of land available for each use as set forth in the General Plan.
6. Distribute land uses throughout the City in a way that takes advantage of the City assets that add value to those uses as set forth in the General Plan.
7. Provide clear standards and consistent procedures for appropriate and effective public involvement in land use and development decisions.
8. Ensure transparency and fairness through consistent interpretation of development regulations.
9. Promote construction and land development practices that are equitable, environmentally friendly, and economically sustainable.
10. Provide objective design standards that address the public aspects of private development and how building form, placement, and uses contribute to the safety and quality of the public realm, and emphasize connectivity between mobility networks.
11. Promote sustainable building, site, and landscape design practices that advance the livability, function, and beauty of Pomona.
DRAFT May 16, 2024 Pomona, California | Zoning & Development Code 1-3 Applicability Part 1 | Introductory Provisions
12. Provide opportunities for a diverse range of housing options. 100.D. Authority
This Zoning and Development Code is adopted pursuant to the authority granted to the City by the California Government Code (Sec. 65000 et seq.), the California Public Resources Code (Section 21000 et seq.), the California Planning Act of 1927, and other applicable Federal, State, and local requirements. 100.E. Applicability
1. Jurisdiction
The regulations of this Zoning and Development Code apply to all land within the City's sphere of influence including the incorporated boundaries of the City of Pomona pursuant to the California Government Code (Sec. 5645. through Sec. 56430.), including land owned by local, county, state, or federal agencies, except where such land is exempt from local zoning regulations under applicable law. Where applicable, Specific Plans override Form, Frontage, and Use Module regulations. Where applicable, historic designations and overlay districts regulate in addition to Form, Frontage, and Use Module regulations.
2. Applicability to New or Altered Land Uses or Structures Compliance with this Zoning and Development Code is required to lawfully establish, construct, reconstruct, alter, or replace any use of land or structure.
3. Applicability to Existing Uses and Structures
An existing land use or structure is lawful only when it was legally established and is operated and maintained in compliance with all applicable provisions of this Zoning Code. See Sec. 11110. (Nonconformities) for more details.
4. Conflicting Land Use Permits
Following the effective date of this Zoning and Development Code or any amendment hereto, any legislative action, discretionary permit or action, or ministerial permit or decision as established in Sec. 1100.A. (Summary of Review Authority) must be issued only in full compliance with its provisions. Any approval issued after the effective date of this Zoning and Development Code that is in conflict with its provisions, must be deemed invalid, except as established by Sec. 100.E.5. (Effect of Zoning Code Changes on Projects in Process), below.
5. Projects in Process
The enactment of the Zoning and Development Code, or any amendments hereto, may have the effect of imposing different standards on new land uses, development, and/or structures than those that applied prior to enactment of the Zoning & Development Code. Following the effective date of the Zoning & Development Code the following provisions must apply. Successive amendments to the Zoning & Development Code must specify their applicability to pending applications and projects not yet or under construction; in the event an amendment is silent on this matter, the following must apply.
1-4 Zoning & Development Code | Pomona, California DRAFT May 16, 2024 Part 1 | Introductory Provisions Applicability
a. Private Projects
1. Pending Applications, Residential
Any application for a residential use that meets each of the criteria below must be processed according to the regulations in effect on the date that the application was submitted. i. A complete building permit application was accepted. ii. All required City fees associated with the application have been paid. iii. The scope of work associated with the application includes, but is not limited to:
a) The establishment of no more than three residential dwelling units. b) Construction of new accessory structures such as garages or accessory dwelling units.
c) Construction of new additions to primary residential dwelling units. d) Installation or maintenance of exterior facades.
e) Installation of new or maintenance of roofing.
f) Installation of new or maintenance of solar panels.
g) Installation of new or maintenance of electrical vehicle charging stations. h) Installation of new or maintenance of mechanical, plumbing, and electrical equipment.
2. SB330 Preliminary Application
Any residential project which has obtained a deemed complete SB330 Preliminary Application will be processed according to the regulations in effect when the application was deemed complete, but only in compliance with the terms of the SB330 Preliminary Application.
3. Pending Applications, Nonresidential
Any application for a nonresidential use that meets each of the criteria below must be processed according to the regulations in effect on the date that the application was submitted.
i. A complete building permit application was accepted. ii. All required City fees associated with the application have been paid. iii. The scope of work associated with the application includes, but is not limited to:
a) Interior tenant improvements;
b) Installation of new or maintenance of roofing;
c) Installation of new or maintenance of solar panels;
d) Installation of new or maintenance of signage;
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e) Installation of new or maintenance of electrical vehicle charging stations; and f) Installation of new or maintenance of mechanical, plumbing, and electrical equipment.
4. Approved Projects Not Yet Under Construction or Exercised Any application that meets each of the criteria below must be processed according to the regulations in effect on the date that the application was submitted. i. An approval has been issued for either a building permit application or an entitlement application.
ii. All required City fees associated with the application have been paid. iii. The approval of the application has not expired, or where applicable, an extension approved prior to the effective date of the Zoning and Development Code has not expired.
5. Projects Under Construction
A structure that is under construction pursuant to a valid building permit on the effective date of the Zoning & Development Code, or any amendments thereto, may be completed and need not be changed to satisfy any new or different requirements of the Zoning & Development Code as long as construction is being diligently pursued to completion and is consistent with applicable project specific timelines for completion. b. Public Projects
No Federal, State, County or City governmental project shall be subject to the provisions of the Zoning and Development Code, including such projects operated by any combination of these agencies or by a private person for the benefit of any such government agency, unless the agency provides by contract or otherwise that the project shall be constructed or operated in compliance with any or all provisions of the Zoning and Development Code.
6. City Properties
The provisions of this Zoning and Development Code must not apply to any buildings, improvements, lots, or premises that are owned, leased, operated or controlled by the City, or any project for public purposes initiated by the City.
7. Internal Inconsistencies
Where any conflict occurs within the provisions of this Zoning and Development Code, the more restrictive provision must apply; where there is ambiguity, the Director of Development Services must determine the standard to be applied.
8. External Inconsistencies
Where any conflict occurs between the provisions of this Zoning and Development Code and provisions of the Pomona City Code, or other regulations adopted by the City, the more restrictive provisions must apply.
1-6 Zoning & Development Code | Pomona, California DRAFT May 16, 2024 Part 1 | Introductory Provisions Conflicting Requirements
9. Changes in State Law
Any provision of this Zoning and Development Code referring to or citing a title, article, chapter, section, subsection, paragraph, subparagraph, sentence, clause, or phrase of State law, which is later amended or superseded, must be deemed amended to refer to the provision of State law that most nearly corresponds to the superseded or amended title, article, chapter, section, subsection, paragraph, subparagraph, sentence, or clause.
10. Changes in State Law
This Zoning and Development Code must not eliminate the need for obtaining any other permits required by the City, or any permit or approval required by provisions of the Pomona City Code, or the regulations of any City department, or any County, regional, State or Federal agency.
11. Public Nuisance
The provisions of this Zoning and Development Code must not authorize the continuation of any public nuisance.
100.F. Conflicting Requirements
The provisions of this Zoning and Development Code must not be deemed or construed to repeal, amend, modify, alter, or change any other City ordinance or provision of law not specifically repealed, amended, modified, altered, or changed herein.
100.G. Consistency with the General Plan
All land uses, developments, and subdivisions of land must be consistent with the General Plan goals, polices, and land uses. A land use, development, or subdivision is consistent with the General Plan if, upon consideration of all of its aspects, it is found to further the purposes, principals, goals and policies of the General Plan.
100.H. Relationship to Specific Plans
1. In the event of any conflict between the requirements of this Zoning and Development Code and the standards contained within an adopted Specific Plan, the requirements of the Specific Plan must govern.
2. Wherein the provisions of a Specific Plan are silent on a specific matter, the regulations set forth in this Zoning and Development Code must apply.
100.I. Relationship to Development Agreements
In the event of any conflict between the requirements of this Zoning and Development Code and the provisions of an Development Agreement, the Development Agreement must govern. 100.J. Relationship to Prior Code
The provisions of the Zoning and Development Code, as they existed prior to the effective date of the Zoning and Development Code, are hereby repealed and superseded in their entirety. No provision of DRAFT May 16, 2024 Pomona, California | Zoning & Development Code 1-7 Severability Part 1 | Introductory Provisions
this Zoning and Development Code must be so construed as to validate or legalize any subdivision of land or land use, or structure established, constructed, or maintained in violation of this Zoning and Development Code prior to its adoption.
100.K. Status of Covenants and Agreements
The provisions of this Zoning and Development Code are not intended to abrogate any legally adopted easements, covenants or other agreements which are more restrictive than the provisions of this Zoning and Development Code.
100.L. Severability
1. If any portion of this Zoning and Development Code is held to be invalid, unconstitutional, or unenforceable by a court of competent jurisdiction, the determination must not affect the validity of the remaining portions of this Zoning and Development Code. Moreover, the decision must not affect, impair, or nullify this Zoning and Development Code, either in whole or in part, and the remainder of this Zoning and Development Code must continue in full force and effect.
2. If the application of any provision of this Zoning and Development Code to any area, property, or site is declared to be invalid by a decision of any court of competent jurisdiction, it is hereby declared that the effect of the decision must be limited to that area, property, or site immediately involved in the controversy, action, or proceeding in which the judgment or decree of invalidity was rendered.
In addition, the decision must not affect, impair, or nullify this Zoning and Development Code as a whole or in the application of any provision to any other area, property, or site. 1-8 Zoning & Development Code | Pomona, California DRAFT May 16, 2024 Part 1 | Introductory Provisions Zoning District Brackets Sec. 110. Orientation
110.A. Zoning District Brackets
The method by which the Zoning and Development Code applies zoning modules to a lot.
1. Zoning District Brackets
a. A zoning district bracket is comprised of the following zoning modules, as established in Sec. 110.C.2. (Zoning Map):
[FORM - FRONTAGE - USE] [HISTORIC - OVERLAY]
BUILT ENVIRONMENT OVERLAY DISTRICT
ZONING DISTRICT BRACKETS
REQUIRED APPLICABLE WHERE INCLUDED
ACTIVITY
HISTORIC DISTRICT
OR LANDMARK
DISTRICT
ZONING =
b. To regulate the built environment and activities allowed on a property, land is designated by zoning district brackets—abbreviated as a zoning district—listed in Sec. 110.A.3. (Zoning Districts) for zoning purposes.
c. The first zoning district bracket includes the modules required to establish a zoning district, or is replaced by a Specific Plan. The first bracket contains modules that regulate the built environment and types of activities that are permitted on a lot. d. Modules that make up zoning district brackets may refer to, or have standards that are tied to, other modules. However, each module in the zoning district brackets are independent. e. Modules included within a second zoning district bracket set are only applicable where included on the zoning map.
f. Modules are combined into zoning district bracket sets to implement Pomona's General Plan.
2. Zoning Modules
Zoning modules are established and defined in the following Parts:
a. Part 3 (Form) regulates the placement, scale, and intensity of buildings and structures on a lot. Form modules ensure that building forms are compatible with their context and promote projects that support the General Plan and community needs. b. Part 4 (Frontage) regulates portions of a lot and building facades that impact the public realm.
Frontage modules ensure that projects respond to the public realm appropriately. Modules range from flexible standards for open space frontages with limited buildings to more robust standards for shopfront frontages where buildings need to support an active and high-quality public realm with strong associations with uses inside buildings.
c. Part 5 (Use) regulates use standards and use definitions which regulate activities on a lot and mitigate potential impacts within and surrounding a property as a result of those activities.
DRAFT May 16, 2024 Pomona, California | Zoning & Development Code 1-9 Zoning District Brackets Part 1 | Introductory Provisions d. Part 8 (Historic and Other Supplemental Provisions) details specifications and procedures for implementing provisions related to historic designations, specific plans, overlay districts, and other special provisions that supersede standards defined in underlying zoning districts. Historic designations and overlay districts are represented in a second bracket set, and are separated by a hyphen (-) when more than one is applied. Where a Specific Plan applies, The Specific Plan designation replaces the form, frontage, and use modules. [SPECIFIC PLAN] [HISTORIC - OVERLAY]
BUILT ENVIRONMENT AND ACTIVITY
ZONING DISTRICT BRACKET
DISTRICT
ZONING =
OVERLAY DISTRICT
HISTORIC DISTRICT
OR LANDMARK
3. Zoning Districts
A zoning district is an abbreviated name for zoning district brackets, which includes a form module, frontage module, and use module. Where applicable, additional modules in a second bracket set may be included to identify historic designations and overlay districts. [FORM - FRONTAGE - USE] [HISTORIC - OVERLAY]
BUILDING OVERLAY DISTRICT
ZONING DISTRICT BRACKETS
RELATIONSHIP
TO THE STREET ACTIVITY
HISTORIC DISTRICT
OR LANDMARK
DISTRICT
ZONING =
4. Zoning District Naming Convention
a. General
All zoning districts are made of at least 2 components: a zoning district name and a variation number.
1. Where a historic district applies, the zoning district and variation number will be followed by (-H). See Sec. 800.D.2. (Zoning District).
2. Where an overlay district applies, the zoning district and variation number will be followed by one of the letters specified in Sec. 820.A.3. (Zoning District).
3. Where both a historic district and overlay district apply, the zoning district and variation number will be followed by 2 letters. An example of this would be 'NED1-H-SA1' b. Zoning District Name
The first component of each zoning district is a zoning district name. Zoning district names match each lot's designated General Plan Place Type, and are named as follows:
1. Residential Neighborhood Districts (RND);
2. Neighborhood Edge Districts (NED);
1-10 Zoning & Development Code | Pomona, California DRAFT May 16, 2024 Part 1 | Introductory Provisions Zoning District Brackets
3. Urban Neighborhood Districts (UND);
4. Activity Center Districts (ACD);
5. Transit Oriented Districts (TOD);
6. Workplace Districts (WD);
7. Special Campus Districts (SCD); and
8. Open Space Districts (OSD).
c. Zoning District Variation Number
The last component of each zoning district is a variation number. All zoning districts are numbered in the order they fall within Sec. 200. (Zoning Districts).
5. Streets
Part 9 (Streets) regulates all street types citywide, as well as how each type is designed to safely accommodate different transportation modes and public realm features within the public right-ofway. This Part also regulates intersection design and defines City departments and other entities responsible for street improvements and maintenance.
DRAFT May 16, 2024 Pomona, California | Zoning & Development Code 1-11 Other Code Components Part 1 | Introductory Provisions
110.B. Other Code Components
In addition to the zoning district bracket Parts, other parts in the Zoning and Development Code include:
1. Part 6 (Site) regulates site design, including the location and characteristics of access, parking, landscape, and other site features. Site consists of a combination of regulations that are appropriate to a variety of contexts such as transit-oriented centers, special campuses, suburban neighborhoods, and open spaces.
2. Part 7 (Alternate Typologies) regulates when and how alternate forms of development are eligible where otherwise prohibited by a zoning district. The zoning districts established in this Zoning and Development Code recognize that the physical form of development generally is not determined by its use. However, where a development form is directly tied to a use, this Part outlines regulatory solutions that override specific regulations applied to a lot by its zoning district. Each Alternate Typology establishes eligibility parameters for each option and which zoning district metrics it supersedes.
3. Part 10 (Division of Land) details specifications for the division of land, in accordance with the California Subdivision Map Act.
4. Part 11 (Administration) defines the procedures for various approvals under this Zoning and Development Code and defines nonconformities. Part 11 provide relief from the requirements of this Zoning and Development Code for existing lots, buildings and structures, and uses that conformed to the zoning regulations, if any, at the time they were lawfully established, but do not conform to current district standards or use permissions.
5. Part 12 (General Rules) defines general rules that apply consistently throughout the Zoning and Development Code with specific meaning in this Code.
1-12 Zoning & Development Code | Pomona, California DRAFT May 16, 2024 Part 1 | Introductory Provisions Zoning Code Maps
110.C. Zoning Code Maps
1. General
a. Intent
The land use and development regulations outlined in this Zoning and Development Code provide responsive zoning solutions to the City's many planning policy objectives. These provisions are implemented in a geographically-specific manner through mapped zoning districts. This collection of public right-of-way and parcel-specific maps is referred to as the Zoning Code Maps.
b. Maintenance and Access
1. Adoption and Maintenance of Zoning Code Maps
Zoning Code Maps must be created pursuant to Sec. 110.C.2. (Zoning Map) and amended as established for each Zoning Code Map.
i. Zoning Code Maps
The maps established herein, maintained by the Pomona Development Services Department, published as layers of digital files that are part of its Geographic Information Systems database:
a) Delineate the boundaries of the various zoning districts, historic districts, Specific Plans, street types, and other types of land designations regulated by this Code. b) Include all matters, notations, and representations. c) Be adopted and approved, incorporated herein and made a part hereof, and collectively constitute the official Zoning Code Maps.
ii. Record of Changes
All changes to Zoning Code Maps must be made by updating the digital file for each change with the date of the change. All amendments to official Zoning Code Maps must be maintained by the Development Services Department, and made available to the public. Zoning Code Maps must be marked pursuant to a system of identification established by the Development Services Department.
iii. Scale of Map
Zoning Code Maps must be maintained in the City’s adopted datum, maintained by the Department of Development Services. Where a boundary is not a street, alley or lot line, or where property indicated on the Zoning Code Map is not subdivided into lots and blocks, the boundary on the Zoning Code Map is determined by the scale and projection contained on the map and any data included as part of the Geographic Information Systems database file.
iv. Land Base Dataset
The Department of Development Services is responsible for reviewing identifying, and updating the City's public and private land records, and establishes and maintains the DRAFT May 16, 2024 Pomona, California | Zoning & Development Code 1-13 Zoning Code Maps Part 1 | Introductory Provisions
City's land base dataset. The Department of Development Services must make the necessary adjustment to the Zoning Code Maps as updates to the land base dataset are issued.
v. Annexations
If the City's jurisdiction is amended, changes in the Zoning Code Map must be identified by updating the Geographic Information Systems database file with the date of the change.
2. Zoning Map
a. Applicability
1. Zoning Districts
In order to regulate the use and development of property, as provided for in this Zoning and Development Code, land is designated with the following modules for zoning purposes. The structure of Pomona's zoning districts are defined in Sec. 200. (Zoning Districts).
2. Alternate Typologies
In certain cases, when a development's physical form is directly tied to a specific use or activity, Part 7 (Alternate Typologies) outlines limited regulatory alternatives that may override specific zoning module metrics applied to a lot. Each Alternate Typology establishes eligibility parameters for each option, and which metrics it supersedes.
3. Historic Preservation, Specific Plans, and Overlay Districts In addition to the provisions of Sec. 110.A.3. (Zoning Districts), additional regulations may be applied as outlined in Part 8. (Historic Preservation, Specific Plans, and Overlay Districts).
Historic designations are represented in a second bracket using an abbreviation established for the respective historic district or landmark. A second bracket set may include multiple Overlay Districts separated by a hyphen (-). Specific Plans supersede form, frontage, and use modules. Where a Specific Plan applies, the first two bracket sets are replaced with one which includes an acronym established for the respective Specific Plan.
4. Zoning of Annexed or Unzoned Land
i. Any area annexed to the City after the effective date of this Code will automatically be placed into the most restricted zoning district immediately adjoining it, and must remain in said zoning district until an official zoning district map for the area has been adopted by the Planning Commission and City Council, unless the Planning Commission and City Council determine the precise zoning as a part of the annexation procedure. ii. The Planning Commission must recommend an appropriate zoning of the land to the City Council within 90 days after application for change of zoning has been filed with the Planning Commission.
1-14 Zoning & Development Code | Pomona, California DRAFT May 16, 2024 Part 1 | Introductory Provisions Zoning Code Maps
b. Boundaries
1. Street, Alley or Lot Lines
Zoning district boundaries occur at street, alley, or lot lines unless otherwise shown on the Zoning Map, using the land base dataset.
2. Vacated Street or Alley
i. In the event that a dedicated street or alley shown on the Zoning Map is vacated, the property formerly in the street or alley must be included within the zoning district of the adjoining property on either side of the vacated street or alley. ii. In the event that the street or alley was a zone boundary between two or more different zoning districts, the new zoning district boundary is the former centerline of the vacated street or alley.
c. Amendments
1. Zone Changes
At the direction of City Council, pursuant to Sec. 1160.F. (Zone Change), the Development Services Director is authorized to revise the Zoning Map. At the direction of City Council for the adoption of a Specific Plan, pursuant to Sec. 1160.G. (Specific Plan Amendment), the Development Services Director is authorized to revise the Zoning Map.
2. Zone Boundary Adjustments
i. Process
Whenever public necessity, convenience, general welfare or good zoning practice justifies the action, the Development Services Director may approve, conditionally approve, or deny a zoning district boundary adjustment, pursuant to Sec. 1180.E. (Adjustments), and make minor adjustments to the location of a zoning district boundary to carry out the intent of this Section when:
a) Property as shown on the Zoning Map has been divided or approved for division into parcels or lots and blocks by a final parcel or tract map, and the parcel or lot and block arrangement does not conform to that anticipated when the zoning district boundaries were established;
b) Property was redivided or approved for subdivision by a final parcel or tract map action into a different arrangement of lots and blocks than indicated on the Zoning Map; or
c) Where uncertainty exists in applying this Section's provisions or where revision is necessary to correct dimensional or mapping errors, the Development Services Director may determine the location of the zoning district boundary. ii. Limitation
Zoning district boundary adjustments permitted by this Section are limited to a distance of no more than 50 feet. When the adjustment is requested prior to recordation, the Development Services Director’s decision does not become effective until after the DRAFT May 16, 2024 Pomona, California | Zoning & Development Code 1-15 Zoning Code Maps Part 1 | Introductory Provisions
parcel map or final tract map has been recorded with the Los Angeles County RegistrarRecorder/County Clerk. iii. Zoning Map
The Zoning Map must conform with the Development Services Director’s decision after the conditions are imposed, if any.
3. Street Types Map
[Reserved]
1-16 Zoning & Development Code | Pomona, California DRAFT May 16, 2024 DRAFT May 16, 2024 Pomona, California | Zoning & Development Code 2-1 Part 2.
SUMMARY OF
ZONING DISTRICTS
Sec. 200. Zoning Districts 2-2
200.A. Zoning Districts Established 2-2
200.B. Residential Neighborhood Districts (RND) 2-4
200.C. Neighborhood Edge Districts (NED) 2-6
200.D. Urban Neighborhood Districts (UND) 2-8
200.E. Activity Center Districts (ACD) 2-10
200.F. Transit Oriented Districts (TOD) 2-12
200.G. Workplace Districts (WD) 2-14
200.H. Special Campus Districts (SCD) 2-16
200.I. Parkland Districts (PLD) 2-18
2-2 Zoning & Development Code | Pomona, California DRAFT May 16, 2024 Part 2 | Summary of Zoning Districts Zoning Districts Established Sec. 200. Zoning Districts
200.A. Zoning Districts Established
In order to carry out the purposes and intent of this Zoning and Development Code, the following 32 zoning districts are established. These zoning districts do not include Specific Plans, historic designations, or overlay districts.
RESIDENTIAL NEIGHBORHOOD DISTRICTS
(RND)
RND1 Residential Neighborhood District 1
RND2 Residential Neighborhood District 2
RND3 Residential Neighborhood District 3
RND4 Residential Neighborhood District 4
RND5 Residential Neighborhood District 5
NEIGHBORHOOD EDGE DISTRICTS (NED)
NED1 Neighborhood Edge District 1
NED2 Neighborhood Edge District 2
NED3 Neighborhood Edge District 3
NED4 Neighborhood Edge District 4
NED5 Neighborhood Edge District 5
URBAN NEIGHBORHOOD DISTRICTS (UND)
UND1 Urban Neighborhood District 1
UND2 Urban Neighborhood District 2
UND3 Urban Neighborhood District 3
ACTIVITY CENTER DISTRICTS (ACD)
ACD1 Activity Center District 1
ACD2 Activity Center District 2
ACD3 Activity Center District 3
TRANSIT ORIENTED DISTRICTS (TOD)
TOD1 Transit Oriented District 1
TOD2 Transit Oriented District 2
TOD3 Transit Oriented District 3
TOD4 Transit Oriented District 4
TOD5 Transit Oriented District 5
TOD6 Transit Oriented District 6
WORKPLACE DISTRICTS (WD)
WD1 Workplace District 1
WD2 Workplace District 2
WD3 Workplace District 3
WD4 Workplace District 4
WD5 Workplace District 5
SPECIAL CAMPUS DISTRICTS (SCD)
SCD1 Special Campus District 1
SCD2 Special Campus District 2
SCD3 Special Campus District 3
PARKLAND DISTRICTS (PLD)
PLD1 Parkland District 1
PLD2 Parkland District 2
DRAFT May 16, 2024 Pomona, California | Zoning & Development Code 2-3 Zoning Districts Established Part 2 | Summary of Zoning Districts 2-4
Part 2 | Summary of Zoning Districts
Zoning & Development Code | Pomona, California
Residential Neighborhood Districts (RND)
DRAFT May 16, 2024
200.B. Residential Neighborhood Districts (RND)
1. General Intent
a. A walkable neighborhood environment intended to accommodate a variety of lower-intensity housing options—up to 2.5 stories tall—including single-unit homes, cottage courts, duplexes, triplexes, fourplexes, and other small multifamily development.
b. Residential Neighborhood Districts (RND) implement the Residential Neighborhood Place Type established in the General Plan.
2-5
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Residential Neighborhood Districts (RND)
DRAFT May 16, 2024
Zoning
District
First Bracket Set Zoning District
[ Form Module - Frontage Module - Use Module ] Description Residential
Neighborhood
District 1
House
Medium1
Neighborhood
Yard 1
Residential
1 Sites with house-scale
buildings up to 2.5 stories tall,
frontyards, residential primary
uses, limited nonresidential
primary uses, and limited
nonresidential accessory uses.
(RND1) (HM1) (N1) (R1)
Sec. 320.C Sec. 420.A Sec. 520.C
Residential
Neighborhood
District 2
House
Narrow 1
Neighborhood
Yard 2
Residential
1 Sites with narrow house-scale
buildings up to 2.5 stories tall,
shallow frontyards, residential
primary uses, limited
nonresidential primary uses,
and limited nonresidential
accessory uses.
(RND2) (HN1) (N2) (R1)
Sec. 320.A Sec. 420.B Sec. 520.C
Residential
Neighborhood
District 3
Low-Rise
Medium 1
Neighborhood
Yard 1
Residential
1 Sites with low-rise buildings
up to 2.5 stories tall,
frontyards, residential primary
uses, limited nonresidential
primary uses, and limited
nonresidential accessory uses.
(RND3) (LM1) (N1) (R1)
Sec. 330.A Sec. 420.A Sec. 520.C
Residential
Neighborhood
District 4
House
Broad 1
Neighborhood
Yard 1
Residential
1 Sites with wide house-scale
buildings up to 2.5 stories tall,
frontyards, residential primary
uses, limited nonresidential
primary uses, and limited
nonresidential accessory uses.
(RND4) (HB1) (N1) (R1)
Sec. 320.D Sec. 420.A Sec. 520.C
Residential
Neighborhood
District 5
House
Medium1
Neighborhood
Yard 1
Residential
Mixed 1
Sites with house-scale
buildings up to 2.5 stories tall,
frontyards, and residential and
limited nonresidential primary
uses. (RND5) (HM1) (N1) (RX1)
Sec. 320.C Sec. 420.A Sec. 520.C
2. Districts
There are 5 Residential Neighborhood Districts (RNDs). The first bracket set [ ] of each RND zoning district is summarized below. Part 6 (Site) rules also apply to all RND zoning districts. 2-6
Part 2 | Summary of Zoning Districts
Zoning & Development Code | Pomona, California
Neighborhood Edge Districts (NED)
DRAFT May 16, 2024
200.C. Neighborhood Edge Districts (NED)
1. General Intent
a. Medium scale development intended to accommodate a variety of housing options—up to 3 stories tall— including a mixture of townhouses, live-work units and small scale multifamily with flexible ground stories for a variety of smaller scale commercial uses. Neighborhood Edge Districts (NED) typically transition to Residential Neighborhood Districts (RND) from zoning districts with more intense development. b. Neighborhood Edge Districts (NED) implement the Neighborhood Edge Place Type established in the General Plan.
2-7
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Neighborhood Edge Districts (NED)
DRAFT May 16, 2024
2. Districts
There are 5 Neighborhood Edge Districts (NED). The first bracket set [ ] of each NED zoning district is summarized below. Part 6 (Site) rules also apply to all NED zoning districts.
Zoning
District
First Bracket Set Zoning District
[ Form Module - Frontage Module - Use Module ] Description Neighborhood
Edge
District 1
Low-Rise
Medium 2
General
1 Commercial
Mixed 1
Sites with low-rise buildings
up to 3 stories tall, located
close to the street with
somewhat active ground
stories, and residential and
minimal commercial primary
uses.
(NED1) (LM2) (G1) (CX1)
Sec. 330.B Sec. 440.A Sec. 520.C
Neighborhood
Edge
District 2
Low-Rise
Medium 2
General
1 Commercial
Mixed 2
Sites with low-rise buildings
up to 3 stories tall, located
close to the street with
somewhat active ground
stories, and residential and
small commercial primary
uses.
(NED2) (LM2) (G1) (CX2)
Sec. 330.B Sec. 440.A Sec. 520.C
Neighborhood
Edge
District 3
Low-Rise
Medium 2
Multi-Unit
1 Residential
1 Sites with low-rise buildings
up to 3 stories tall, located
close to the street with
residential ground stories,
residential primary uses,
limited nonresidential
primary uses, and limited
nonresidential accessory uses.
(NED3) (LM2) (MU1) (R1)
Sec. 330.B Sec. 430.A Sec. 520.C
Neighborhood
Edge
District 4
Low-Rise
Medium 2
General
1 Commercial
Mixed 3
Sites with low-rise buildings
up to 3 stories tall, located
close to the street with
somewhat active ground
stories, and residential and
moderate commercial primary
uses.
(NED4) (LM2) (G1) (CX3)
Sec. 330.B Sec. 440.A Sec. 520.C
Neighborhood
Edge
District 5
House
Narrow 2
Neighborhood
Yard 2
Residential
1 Sites with narrow house-scale
buildings up to 3 stories tall,
shallow frontyards, residential
primary uses, limited
nonresidential primary uses,
and limited nonresidential
accessory uses.
(NED5) (HN2) (N2) (R1)
Sec. 320.B Sec. 420.B Sec. 520.C
2-8
Part 2 | Summary of Zoning Districts
Zoning & Development Code | Pomona, California
Urban Neighborhood Districts (UND)
DRAFT May 16, 2024
200.D. Urban Neighborhood Districts (UND)
1. General Intent
a. Moderately scaled development primarily intended to accommodate a variety of medium intensity multiunit housing options—up to 4 stories tall—in addition to office, commercial, and limited industrial uses that are compatible with adjacent development. While buildings may contain exclusively residential or nonresidential uses, the vertical mixing of uses is encouraged. b. Urban Neighborhood Districts (UND) implement the Urban Neighborhood Place Type established in the General Plan.
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Urban Neighborhood Districts (UND)
DRAFT May 16, 2024
Zoning
District
First Bracket Set Zoning District
[ Form Module - Frontage Module - Use Module ] Description Urban
Neighborhood
District 1
Low-Rise
Medium 3
General
1 Commercial
Mixed 1
Sites with low-rise buildings
up to 4 stories tall, located
close to the street with
somewhat active ground
stories, and residential and
minimal commercial primary
uses.
(UND1) (LM3) (G1) (CX1)
Sec. 330.C Sec. 440.A Sec. 520.C
Urban
Neighborhood
District 2
Low-Rise
Medium 3
Multi-Unit
1 Residential
1 Sites with low-rise buildings
up to 4 stories tall, located
close to the street with
residential ground stories,
residential primary uses,
limited nonresidential
primary uses, and limited
nonresidential accessory uses.
(UND2) (LM3) (MU1) (R1)
Sec. 330.C Sec. 430.A Sec. 520.C
Urban
Neighborhood
District 3
Low-Rise
Medium 3
General
1 Industrial
Mixed 1
Sites with low-rise buildings
up to 4 stories tall, located
close to the street with
somewhat active ground
stories, and residential and
small industrial primary uses.
(UND3) (LM3) (G1) (IX1)
Sec. 330.C Sec. 440.A Sec. 520.C
2. Districts
There are 3 Urban Neighborhood Districts (UND). The first bracket set [ ] of each UND zoning district is summarized below. Part 6 (Site) rules also apply to all UND zoning districts. 2-10
Part 2 | Summary of Zoning Districts
Zoning & Development Code | Pomona, California
Activity Center Districts (ACD)
DRAFT May 16, 2024
200.E. Activity Center Districts (ACD)
1. General Intent
a. Medium to large scale development within neighborhood centers and regional destinations catalyzed by a variety of residential, retail, service and commercial building forms and uses—up to 6 stories tall—in a pedestrian-friendly environment. While buildings may contain exclusively residential or nonresidential uses, the vertical mixing of uses is strongly encouraged. Activity Center Districts (ACD) typically transition to districts with less intense development.
b. Activity Center Districts (ACD) implement the Activity Center Place Type established in the General Plan. 2-11
Part 2 | Summary of Zoning Districts
Pomona, California | Zoning & Development Code
Activity Center Districts (ACD)
DRAFT May 16, 2024
2. Districts
There are 3 Activity Center Districts (ACD). The first bracket set [ ] of each ACD zoning district is summarized below. Part 6 (Site) rules also apply to all ACD zoning districts.
Zoning
District
First Bracket Set Zoning District
[ Form Module - Frontage Module - Use Module ] Description Activity
Center
District 1
Mid-Rise
Medium 1
General
1 Commercial
Mixed 4
Sites with mid-rise buildings
up to 6 stories tall, located
close to the street with
somewhat active ground
stories, and residential and
large commercial primary
uses.
(ACD1) (MM1) (G1) (CX4)
Sec. 340.A Sec. 440.A Sec. 520.C
Activity
Center
District 2
Mid-Rise
Broad 1
Shopfront
1 Commercial
Mixed 4
Sites with wide mid-rise
buildings up to 6 stories tall,
located close to the street
with active ground stories,
and residential and large
commercial primary uses.
(ACD2) (MB1) (SH1) (CX4)
Sec. 340.C Sec. 450.A Sec. 520.C
Activity
Center
District 3
Mid-Rise
Broad 1
Shopfront
1 Commercial
Mixed 5
Sites with wide mid-rise
buildings up to 6 stories tall,
located close to the street
with active ground stories,
and residential and very large
commercial primary uses.
(ACD3) (MB1) (SH1) (CX5)
Sec. 340.C Sec. 450.A Sec. 520.C
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Zoning & Development Code | Pomona, California
Transit Oriented Districts (TOD)
DRAFT May 16, 2024
200.F. Transit Oriented Districts (TOD)
1. General Intent
a. Transit Oriented Districts (TOD) are the most active and walkable zoning districts in the city and feature development types of medium to large scale development—up to 6 stories tall. While buildings may contain exclusively residential uses, these districts encourage buildings with a mix of uses—horizontally and vertically—with retail, commercial and civic activity on the ground story and housing or workplace uses above.
b. Transit Oriented Districts (TOD) implement the Transit Oriented District Place Type established in the General Plan.
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Part 2 | Summary of Zoning Districts
Pomona, California | Zoning & Development Code
Transit Oriented Districts (TOD)
DRAFT May 16, 2024
2. Districts
There are 6 Transit Oriented Districts (TOD). The first bracket set [ ] of each TOD zoning district is summarized below. Part 6 (Site) rules also apply to all TOD zoning districts.
Zoning
District
First Bracket Set Zoning District
[ Form Module - Frontage Module - Use Module ] Description Transit Oriented
District 1
Mid-Rise
Medium 1
General
1 Commercial
Mixed 1
Sites with mid-rise buildings
up to 6 stories tall, located
close to the street with
somewhat active ground
stories, and residential and
minimal commercial primary
uses.
(TOD1) (MM1) (G1) (CX1)
Sec. 340.A Sec. 440.A Sec. 520.C
Transit Oriented
District 2
Low-Rise
Medium 3
General
1 Commercial
Mixed 4
Sites with low-rise buildings
up to 4 stories tall, located
close to the street with
somewhat active ground
stories, and residential and
large commercial primary
uses.
(TOD2) (LM3) (G1) (CX4)
Sec. 330.C Sec. 440.A Sec. 520.C
Transit Oriented
District 3
Low-Rise
Medium 3
Multi-Unit
1 Residential
1 Sites with low-rise buildings
up to 4 stories tall, located
close to the street with
residential ground stories,
residential primary uses,
limited nonresidential
primary uses, and limited
nonresidential accessory uses.
(TOD3) (LM3) (MU1) (R1)
Sec. 330.C Sec. 430.A Sec. 520.C
Transit Oriented
District 4
Mid-Rise
Medium 1
General
1 Commercial
Mixed 4
Sites with mid-rise buildings
up to 6 stories tall, located
close to the street with
somewhat active ground
stories, and residential and
large commercial primary
uses.
(TOD4) (MM1) (G1) (CX4)
Sec. 340.A Sec. 440.A Sec. 520.C
Transit Oriented
District 5
Mid-Rise
Medium 1
Shopfront
1 Commercial
Mixed 4
Sites with mid-rise buildings
up to 6 stories tall, located
close to the street with active
ground stories, and residential
and large commercial primary
uses.
(TOD5) (MM1) (SH1) (CX4)
Sec. 340.A Sec. 450.A Sec. 520.C
Transit Oriented
District 6
Low-Rise
Medium 3
General
1 Commercial
Mixed 1
Sites with low-rise buildings
up to 4 stories tall, located
close to the street with
somewhat active ground
stories, and residential and
minimal commercial primary
uses.
(TOD6) (LM3) (G1) (CX1)
Sec. 330.C Sec. 440.A Sec. 520.C
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Workplace Districts (WD)
DRAFT May 16, 2024
200.G. Workplace Districts (WD)
1. General Intent
a. Medium scale development primarily intented to accommodate a variety of low-impact industrial and clean manufacturing activities that are pedestrian-oriented with distinctive building types—up to 6 stories tall—and a safe relationship to the public street and open space network. The majority of industrial activity in Workplace Districts (WD) are intended to be conducted indoors with limited accessory outdoor storage.
Workplace Districts (WD) also allow residential and limited commercial uses where screened for safety. b. Workplace Districts (WD) implement the Workplace District and Workplace District Edge Place Types established in the General Plan.
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Workplace Districts (WD)
DRAFT May 16, 2024
2. Districts
There are 5 Workplace Districts (WD). The first bracket set [ ] of each WD zoning district is summarized below.
Part 6 (Site) rules also apply to all WD zoning districts.
Zoning
District
First Bracket Set Zoning District
[ Form Module - Frontage Module - Use Module ] Description Workplace
District 1
Low-Rise
Medium 4
General
1 Industrial
Mixed 1
Sites with low-rise buildings
up to 4 stories tall, located
close to the street with
somewhat active ground
stories, and residential and
small industrial primary uses.
(WD1) (LM4) (G1) (IX1)
Sec. 330.D Sec. 440.A Sec. 520.C
Workplace
District 2
Low-Rise
Medium 4
General
2 Industrial
3 Sites with low-rise buildings
up to 4 stories tall, screened
from the street with less active
ground stories, and large
industrial primary uses.
(WD2) (LM4) (G2) (I3)
Sec. 330.D Sec. 440.B Sec. 520.C
Workplace
District 3
Low-Rise
Medium 4
General
2 Industrial
2 Sites with low-rise buildings
up to 4 stories tall, screened
from the street with less active
ground stories, and medium
industrial primary uses.
(WD3) (LM4) (G2) (I2)
Sec. 330.D Sec. 440.B Sec. 520.C
Workplace
District 4
Low-Rise
Medium 4
General
2 Industrial
1 Sites with low-rise buildings
up to 4 stories tall, screened
from the street with less active
ground stories, and moderate
industrial primary uses.
(WD4) (LM4) (G2) (I1)
Sec. 330.D Sec. 440.B Sec. 520.C
Workplace
District 5
Mid-Rise
Medium 2
General
1 Industrial
Mixed 1
Sites with mid-rise buildings
up to 6 stories tall, located
close to the street with
somewhat active ground
stories, and residential and
small industrial primary uses.
(WD5) (MM2) (G1) (IX1)
Sec. 340.B Sec. 440.A Sec. 520.C
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Special Campus Districts (SCD)
DRAFT May 16, 2024
200.H. Special Campus Districts (SCD)
1. General Intent
a. Areas with unique forms intended to accommodate public, civic and institutional uses and buildings—up to 8 stories tall—that serve the city and region but do not readily assimilate into other zoning districts.
Most Special Campus Districts (SCD) apply to the Pomona Civic Center and land associated with Cal Poly Pomona and Fairplex.
b. Special Campus Districts (SCD) implement the Special Campus Place Type established in the General Plan. 2-17
Part 2 | Summary of Zoning Districts
Pomona, California | Zoning & Development Code
Special Campus Districts (SCD)
DRAFT May 16, 2024
2. Districts
There are 2 Special Campus Districts (SCD). The first bracket set [ ] of each SCD zoning district is summarized below. Part 6 (Site) rules also apply to all SCD zoning districts.
Zoning
District
First Bracket Set Zoning District
[ Form Module - Frontage Module - Use Module ] Description Special
Campus
District 1
Special
2 Civic
2 Public
1 Intended for sites related to
Cal Poly Pomona. Allows for
buildings up to 8 stories tall.
(SCD1) (S2) (CV2) (P1)
Sec. 350.B Sec. 460.B Sec. 520.C
Special
Campus
District 2
Special
1 Civic
1 Public
1 Intended for sites related to
the Pomona Civic Center.
Allows for buildings up to 4
stories tall. (SCD2) (S1) (CV1) (P1)
Sec. 350.A Sec. 460.A Sec. 520.C
Special
Campus
District 3
Special
4 Civic
3 Public
2 Intended for sites related
to Fairplex. Building heights
regulated by the Fairplex
Overlay District. (SCD3) (S4) (CV3) (P2)
Sec. 350.D Sec. 460.C Sec. 520.C
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Part 2 | Summary of Zoning Districts
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Parkland Districts (PLD)
DRAFT May 16, 2024
200.I. Parkland Districts (PLD)
1. General Intent
a. Areas intended to create, preserve and enhance parkland to meet the active and recreational needs of residents and visitors. Allows for small buildings up to 2.5 stories tall. b. Parkland Districts (PLD) implement the Open Space Place Type established in the General Plan. 2-19
Part 2 | Summary of Zoning Districts
Pomona, California | Zoning & Development Code
Parkland Districts (PLD)
DRAFT May 16, 2024
2. Districts
There are 2 Parkland Districts (PLD). The first bracket set [ ] of each PLD zoning district is summarized below.
Part 6 (Site) rules also apply to all PLD zoning districts.
Zoning
District
First Bracket Set Zoning District
[ Form Module - Frontage Module - Use Module ] Description Parkland
District 1
Special
3 Park
1 Open Space
1 Intended for publicly-owned
parkland with small buildings
up to 2.5 stories tall. (PLD1) (S3) (PK1) (OS1)
Sec. 350.C Sec. 460.D Sec. 520.C
Parkland
District 2
Special
3 Park
1 Open Space
2 Intended for privately-owned
parkland with small buildings
up to 2.5 stories tall. (PLD2) (S3) (PK1) (OS2)
Sec. 350.C Sec. 460.D Sec. 520.C
2-20 Zoning & Development Code | Pomona, California DRAFT May 16, 2024 DRAFT May 16, 2024 Pomona, California | Zoning & Development Code 3-1 Part 3.
FORM
Subpart 3A. Form Introduction 3-3
Sec. 300. Orientation 3-4
Sec. 310. General Provisions 3-7
Subpart 3B. Form Modules 3-9
Sec. 320. House Form Modules 3-10
Sec. 330. Low-Rise Form Modules 3-16
Sec. 340. Mid-Rise Form Modules 3-22
Sec. 350. Special Form Modules 3-26
Subpart 3C. Form Rules 3-31
Sec. 360. Lot Size 3-32
Sec. 370. Coverage 3-34
Sec. 380. Amenity 3-40
Sec. 390. Building 3-46
3-2 Zoning & Development Code | Pomona, California DRAFT May 16, 2024 DRAFT May 16, 2024 Pomona, California | Zoning & Development Code 3-3 Subpart 3A.
FORM INTRODUCTION
Sec. 300. Orientation 3-4
300.A. Relationship to Zoning District Brackets 3-4
300.B. How to Use Part 3 3-4
300.C. Form Module Naming Convention 3-4
Sec. 310. General Provisions 3-7
310.A. Form Intent 3-7
310.B. Form Applicability 3-7
3-4 Zoning & Development Code | Pomona, California DRAFT May 16, 2024 Part 3 | Form Relationship to Zoning District Brackets
Sec. 300. Orientation
300.A. Relationship to Zoning District Brackets
The first zoning district bracket is composed of the following modules:
[ FORM- FRONTAGE - USE ]
Form Module
The Form Module is a separate and independent component of each zoning district. 300.B. How to Use Part 3
1. Identify the Applied Form Module
The first component in the first zoning district bracket identifies the Form Module applied to a property.
2. Form Module Standards
Form Module standards are established in Subpart 3B. (Form Modules). Each Form Module establishes applicable form standards.
3. Interpreting Form Module Standards
Standards listed in Subpart 3B reference Subpart 3C. (Form Rules) where the standard is defined. 300.C. Form Module Naming Convention
There are 3 types of naming conventions for Form Modules. Each Form Module name is composed of a variety of components that are specific to that module.
1. House Form Modules
House Form Modules regulate building forms that resemble the form of a house, must not exceed
2.5 stories in height, and are composed of two components:
a. Building Width Category
Building width categories group all modules within a range of maximum allowed building width.
House Form Module building width categories are organized as follows:
1. Narrow (≤40')
2. Medium (41'-60')
3. Broad (61'-80')
DRAFT May 16, 2024 Pomona, California | Zoning & Development Code 3-5 Form Module Naming Convention Part 3 | Form
b. Variation Number
The last component of each House Form Module is a variation number. All House Form Modules are numbered in the order they fall within Subpart 3B. (Form Modules).
HOUSE
1-2.5 Stories
61’-80’
BROAD
41’-60’
MEDIUM
≤40’
NARROW
BUILDING WIDTH
VARIATION #
BUILDING
HEIGHT
House Medium 1 (HM1)
Form Module Category
2. Dimension-Based Form Modules
Dimension-based Form Module names are composed of three components:
a. Building Height Category
The first component of each Dimension-based Form Module name is a building height category.
Building height categories group all modules within a range of maximum allowed building height. Building height categories are organized as follows:
1. Low-Rise (2.5-4 stories)
2. Mid-Rise (5-12 stories)
b. Building Width Category
The second component of each Dimension-based Form Module name is a building width category. Building width categories group all modules within a range of maximum allowed building width. Building width categories are organized as follows:
1. Narrow (≤149')
2. Medium (150'-250')
3. Broad (251'-300')
3-6 Zoning & Development Code | Pomona, California DRAFT May 16, 2024 Part 3 | Form Form Module Naming Convention
c. Variation Number
The last component of each Dimension-based Form Module is a variation number. All Dimension-based Form Module are numbered in the order they fall within Subpart 3B. (Form Modules).
MID
5-12 Stories
LOW
2.5-4 Stories
251’-300’
BROAD
150’-250’
MEDIUM
≤149’
NARROW
BUILDING WIDTH
VARIATION #
BUILDING
HEIGHT
Low-Rise Medium 2 (LM2)
Potential Form Module Category
Form Module Category
3. Special Form Modules
Special Form Modules regulate building forms where more flexibility is necessary to achieve more unique building designs. All Special Form Module are numbered in the order they fall within Subpart 3B. (Form Modules).
DRAFT May 16, 2024 Pomona, California | Zoning & Development Code 3-7 Form Applicability Part 3 | Form
Sec. 310. General Provisions
310.A. Form Intent
The intent of Part 3 is to regulate the placement, scale, and intensity of buildings and structures on a lot in order to ensure building forms are compatible with their context and promote projects that support community goals.
310.B. Form Applicability
1. General
All projects filed after the effective date of this Zoning and Development Code must comply with the Form Module standards in Part 3, as further specified below.
2. Project Activities
a. Categories of Form rules apply to a project based on what types of project activities are proposed, as shown in the table below. Typically, more than one project activity will apply to a proposed project (for example, an addition that expands an existing use includes both new construction and a use modification).
Project Activities
Form Rules
SubdivisionNew Construction Addition Site Modification Facade ModificationChange of Use Renovation Maintenance and Repair Sec. 360. Lot Size
Sec. 370. Coverage
Sec. 380. Amenity
Sec. 390. Building
Sec. 620.E. Fences and Wall
Standards
Sec. 610.C. Required Parking
= Standards apply = Standards are not applicable
b. Project activities are defined in Sec. 1200.A. (Project Activities). 3-8 Zoning & Development Code | Pomona, California DRAFT May 16, 2024 Part 3 | Form Form Applicability
c. Where a category of Form rules are listed as generally applicable in the table above, and the applied Form Module (Subpart 3B) provides standards in that Form rule category, the project activity must meet all applicable Form standards within that section. This general applicability may be further specified for each standard in the applicability provisions in Subpart 3C. (Form Rules). Project applicability may also be modified by Sec 11110. (Nonconformities). Where a category of Form rules is listed as not applicable in the table above, no standards from that Form rule category apply to the project activity.
3. Applicable Components of Lots, Buildings, and Structures a. Form Modules apply to all portions of a lot.
b. Form Modules apply to all portions of buildings and structures on a lot. c. Specific form standards and rules may further limit which components of buildings, structures and lots are required to comply with the rules in Subpart 3C. (Form Rules).
4. Nonconformity
Sec 11110. (Nonconformities) provides exceptions from the requirements of Part 3 (Form) for existing lots, site improvements, buildings, structures, and uses that conformed to the zoning regulations, if any, at the time they were established, but do not conform to current district standards or use permissions. A project activity must not decrease conformance with any Form standard unless otherwise specified by Sec. 11110.I. (Form Exceptions). Consider the following examples:
a. An addition to the side of an existing building: Where a proposed addition increases the total building width beyond the maximum building width allowed by the applied Form Module, the addition is not allowed.
b. An addition to the top of an existing building: Where the height of the existing structure does not meet the building setback standard specified by the applied Form Module, all additional floor area must be located behind the minimum building setback, but no modifications to the existing upper stories are required.
DRAFT May 16, 2024 Pomona, California | Zoning & Development Code 3-9 Subpart 3B.
FORM MODULES
Sec. 320. House Form Modules 3-10
320.A. House Narrow 1 (HN1) 3-11
320.B. House Narrow 2 (HN2) 3-12
320.C. House Medium 1 (HM1) 3-13
320.D. House Broad 1 (HB1) 3-14
Sec. 330. Low-Rise Form Modules 3-16
330.A. Low-Rise Medium 1 (LM1) 3-17
330.B. Low-Rise Medium 2 (LM2) 3-18
330.C. Low-Rise Medium 3 (LM3) 3-19
330.D. Low-Rise Medium 4 (LM4) 3-20
Sec. 340. Mid-Rise Form Modules 3-22
340.A. Mid-Rise Medium 1 (MM1) 3-23
340.B. Mid-Rise Medium 2 (MM2) 3-24
340.C. Mid-Rise Broad 1 (MB1) 3-25
Sec. 350. Special Form Modules 3-26
350.A. Special 1 (S1) 3-27
350.B. Special 2 (S2) 3-28
350.C. Special 3 (S3) 3-29
350.D. Special 4 (S4) 3-30
3-10 Zoning & Development Code | Pomona, California
Part 3 | Form House Form Modules
DRAFT May 16, 2024
Sec. 320. House Form Modules
House Form Modules regulate building forms in ways that ensure a building character consistent with a house. Each house Form Module is primarily defined by its maximum building width and height. 3-11
Part 3 | Form
Pomona, California | Zoning & Development Code
House Narrow 1 (HN1)
DRAFT May 16, 2024
320.A. House Narrow 1 (HN1)
1. BUILDING PLACEMENT
f
E
C
d
B
A
LOT SIZE Sec. 360.
Lot Area (min) n/a
A Lot Width
Front access (min) 40'
Side/alley access (min) 20'
COVERAGE Sec. 370.
Impervious coverage (max) 75%
B Building coverage (max) 45%
Building setbacks
C Primary street lot line (min) 5'
D Side street lot line (min) 5'
E Side lot line (min) 0' or 5'
Rear lot line (min) 5'
Alley setbacks
F Alley lot line (min) 3' or 20'
Alley centerline (min) 13' or 30'
AMENITY Sec. 380.
Outdoor amenity space
1-3 dwelling units (min) n/a
4+ dwelling units (min) 15%
2. BUILDING FORM
h
g
BUILDING Sec. 390.
G Building height
(max stories/feet) 2.5/32'
H Building width (max) 40'
Building break (min) n/a
I Building depth (max) n/a
FENCES AND WALLS Sec. 620.E.
Front yard type See Frontage
Module
Side/rear yard type Type VI
3-12
Part 3 | Form
Zoning & Development Code | Pomona, California
House Narrow 2 (HN2)
DRAFT May 16, 2024
320.B. House Narrow 2 (HN2)
1. BUILDING PLACEMENT
f
E
d
C
B
A
LOT SIZE Sec. 360.
Lot Area (min) n/a
A Lot Width
Front access (min) 40'
Side/alley access (min) 20'
COVERAGE Sec. 370.
Impervious coverage (max) 75%
B Building coverage (max) 55%
Building setbacks
C Primary street lot line (min) 5'
D Side street lot line (min) 5'
E Side lot line (min) 0' or 5'
Rear lot line (min) 5'
Alley setbacks
F Alley lot line (min) 3' or 20'
Alley centerline (min) 13' or 30'
AMENITY Sec. 380.
Outdoor amenity space
1-3 dwelling units (min) n/a
4+ dwelling units (min) 15%
2. BUILDING FORM
h
g
BUILDING Sec. 390.
G Building height
(max stories/feet) 3/42'
H Building width (max) 40'
Building break (min) n/a
I Building depth (max) n/a
FENCES AND WALLS Sec. 620.E.
Front yard type See Frontage
Module
Side/rear yard type Type VI
3-13
Part 3 | Form
Pomona, California | Zoning & Development Code
House Medium 1 (HM1)
DRAFT May 16, 2024
320.C. House Medium 1 (HM1)
1. BUILDING PLACEMENT
f
E
d
C
B
A
LOT SIZE Sec. 360.
Lot Area (min) n/a
A Lot Width
Front access (min) 45'
Side/alley access (min) 30'
COVERAGE Sec. 370.
Impervious coverage (max) 75%
B Building coverage (max) 45%
Building setbacks
C Primary street lot line (min) 15'
D Side street lot line (min) 5'
E Side lot line (min) 5'
Rear lot line (min) 10'
Alley setbacks
F Alley lot line (min) 3' or 20'
Alley centerline (min) 13' or 30'
AMENITY Sec. 380.
Outdoor amenity space
1-3 dwelling units (min) n/a
4+ dwelling units (min) 15%
2. BUILDING FORM
h
g
BUILDING Sec. 390.
G Building height
(max stories/feet) 2.5/32'
H Building width (max) 60'
Building break (min) n/a
I Building depth (max) n/a
FENCES AND WALLS Sec. 620.E.
Front yard type See Frontage
Module
Side/rear yard type Type VI
3-14
Part 3 | Form
Zoning & Development Code | Pomona, California
House Broad 1 (HB1)
DRAFT May 16, 2024
320.D. House Broad 1 (HB1)
1. BUILDING PLACEMENT
f
E
d
C
B
A
LOT SIZE Sec. 360.
Lot Area (min) n/a
A Lot Width
Front access (min) 55'
Side/alley access (min) 40'
COVERAGE Sec. 370.
Impervious coverage (max) 70%
B Building coverage (max) 45%
Building setbacks
C Primary street lot line (min) 15'
D Side street lot line (min) 10'
E Side lot line (min) 5'
Rear lot line (min) 15'
Alley setbacks
F Alley lot line (min) 3' or 20'
Alley centerline (min) 13' or 30'
AMENITY Sec. 380.
Outdoor amenity space
1-3 dwelling units (min) n/a
4+ dwelling units (min) 15%
2. BUILDING FORM
H
G
BUILDING Sec. 390.
G Building height
(max stories/feet) 2.5/32'
H Building width (max) 80'
Building break (min) n/a
I Building depth (max) n/a
FENCES AND WALLS Sec. 620.E.
Front yard type See Frontage
Module
Side/rear yard type Type VI
3-15
Part 3 | Form
Pomona, California | Zoning & Development Code
House Broad 1 (HB1)
DRAFT May 16, 2024
3-16 Zoning & Development Code | Pomona, California
Part 3 | Form Low-Rise Form Modules
DRAFT May 16, 2024
Sec. 330. Low-Rise Form Modules
Low-rise Form Modules regulate building forms in ways that ensure a building character consistent with a low-rise building. Each low-rise Form Module is primarily defined by its maximum building width and height.
3-17
Part 3 | Form
Pomona, California | Zoning & Development Code
Low-Rise Medium 1 (LM1)
DRAFT May 16, 2024
330.A. Low-Rise Medium 1 (LM1)
1. BUILDING PLACEMENT
f
E
d
C
B
A
g
LOT SIZE Sec. 360.
Lot Area (min) n/a
A Lot Width
Front access (min) 60'
Side/alley access (min) 40'
COVERAGE Sec. 370.
Impervious coverage (max) 80%
B Building coverage (max) 65%
Building setbacks
C Primary street lot line (min) 5'
D Side street lot line (min) 5'
E Side lot line (min) 0' or 5'
Rear lot line (min) 20'
Alley setbacks
F Alley lot line (min) 3' or 20'
Alley centerline (min) 13' or 30'
AMENITY Sec. 380.
G Outdoor amenity space (min) 15%
2. BUILDING FORM
i
h
BUILDING Sec. 390.
H Building height
(max stories/feet) 2.5/32'
I Building width (max) 150'
Building break (min) n/a
J Building depth (max) 150'
FENCES AND WALLS Sec. 620.E.
Front yard type See Frontage
Module
Side/rear yard type Type VI
3-18
Part 3 | Form
Zoning & Development Code | Pomona, California
Low-Rise Medium 2 (LM2)
DRAFT May 16, 2024
330.B. Low-Rise Medium 2 (LM2)
1. BUILDING PLACEMENT
E
f
d
C
B
A
g
LOT SIZE Sec. 360.
Lot Area (min) n/a
A Lot Width
Front access (min) 60'
Side/alley access (min) 40'
COVERAGE Sec. 370.
Impervious coverage (max) 70%
B Building coverage (max) 65%
Building setbacks
C Primary street lot line (min) 5'
D Side street lot line (min) 5'
E Side lot line (min) 0' or 5'
Rear lot line (min) 20'
Alley setbacks
F Alley lot line (min) 3' or 20'
Alley centerline (min) 13' or 30'
AMENITY Sec. 380.
G Outdoor amenity space (min) 15%
2. BUILDING FORM
i
h
BUILDING Sec. 390.
H Building height
(max stories/feet) 3/42'
I Building width (max) 150'
Building break (min) 10'
J Building depth (max) 150'
FENCES AND WALLS Sec. 620.E.
Front yard type See Frontage
Module
Side/rear yard type Type VI
3-19
Part 3 | Form
Pomona, California | Zoning & Development Code
Low-Rise Medium 3 (LM3)
DRAFT May 16, 2024
330.C. Low-Rise Medium 3 (LM3)
1. BUILDING PLACEMENT
f
E
C
d
B
A
g
LOT SIZE Sec. 360.
Lot Area (min) n/a
A Lot Width
Front access (min) 100'
Side/alley access (min) 80'
COVERAGE Sec. 370.
Impervious coverage (max) 80%
B Building coverage (max) 70%
Building setbacks
C Primary street lot line (min) 0'
D Side street lot line (min) 0'
E Side lot line (min) 0' or 5'
Rear lot line (min) 20'
Alley setbacks
F Alley lot line (min) 3' or 20'
Alley centerline (min) 13' or 30'
AMENITY Sec. 380.
G Outdoor amenity space (min) 15%
2. BUILDING FORM
i
h
BUILDING Sec. 390.
H Building height
(max stories/feet) 4/55'
I Building width (max) 250'
Building break (min) 10'
J Building depth (max) 250'
FENCES AND WALLS Sec. 620.E.
Front yard type See Frontage
Module
Side/rear yard type Type VI
3-20
Part 3 | Form
Zoning & Development Code | Pomona, California
Low-Rise Medium 4 (LM4)
DRAFT May 16, 2024
330.D. Low-Rise Medium 4 (LM4)
1. BUILDING PLACEMENT
f
E
C
d
B
A
g
LOT SIZE Sec. 360.
Lot Area (min) n/a
A Lot Width
Front access (min) 100'
Side/alley access (min) 80'
COVERAGE Sec. 370.
Impervious coverage (max) 80%
B Building coverage (max) 75%
Building setbacks
C Primary street lot line (min) 5'
D Side street lot line (min) 5'
E Side lot line (min) 0' or 5'
Rear lot line (min) 20'
Alley setbacks
F Alley lot line (min) 3' or 20'
Alley centerline (min) 13' or 30'
AMENITY Sec. 380.
G Outdoor amenity space (min) n/a
2. BUILDING FORM
i
h
BUILDING Sec. 390.
H Building height
(max stories/feet) 4/55'
Bonus (max stories/feet) n/a
I Building width (max) 150'
Building break (min) n/a
J Building depth (max) 150'
FENCES AND WALLS Sec. 620.E.
Front yard type See Frontage
Module
Side/rear yard type Type VI
3-21
Part 3 | Form
Pomona, California | Zoning & Development Code
Low-Rise Medium 4 (LM4)
DRAFT May 16, 2024
3-22 Zoning & Development Code | Pomona, California
Part 3 | Form Mid-Rise Form Modules
DRAFT May 16, 2024
Sec. 340. Mid-Rise Form Modules
Mid-rise Form Modules regulate building forms in ways that ensure a building character consistent with a mid-rise building. Each mid-rise Form Module is primarily defined by its maximum building width and height.
3-23
Part 3 | Form
Pomona, California | Zoning & Development Code
Mid-Rise Medium 1 (MM1)
DRAFT May 16, 2024
340.A. Mid-Rise Medium 1 (MM1)
1. BUILDING PLACEMENT
f
E
d
C
B
A
g
LOT SIZE Sec. 360.
Lot Area (min) 10,000 SF
A Lot Width
Front access (min) 100'
Side/alley access (min) 80'
COVERAGE Sec. 370.
Impervious coverage (max) 80%
B Building coverage (max) 75%
Building setbacks
C Primary street lot line (min) 0'
D Side street lot line (min) 0'
E Side lot line (min) 0' or 5'
Rear lot line (min) 20'
Alley setbacks
F Alley lot line (min) 3' or 20'
Alley centerline (min) 13' or 30'
AMENITY Sec. 380.
G Outdoor amenity space (min) 20%
2. BUILDING FORM
i
h
BUILDING Sec. 390.
H Building height
(max stories/feet) 6/82'
I Building width (max) 150'
Building break (min) 10'
J Building depth (max) 150'
FENCES AND WALLS Sec. 620.E.
Front yard type See Frontage
Module
Side/rear yard type Type VI
3-24
Part 3 | Form
Zoning & Development Code | Pomona, California
Mid-Rise Medium 2 (MM2)
DRAFT May 16, 2024
340.B. Mid-Rise Medium 2 (MM2)
1. BUILDING PLACEMENT
f
E
d
C
B
A
g
LOT SIZE Sec. 360.
Lot Area (min) 10,000 SF
A Lot Width
Front access (min) 100'
Side/alley access (min) 80'
COVERAGE Sec. 370.
Impervious coverage (max) 80%
B Building coverage (max) 75%
Building setbacks
C Primary street lot line (min) 0'
D Side street lot line (min) 0'
E Side lot line (min) 0' or 5'
Rear lot line (min) 20'
Alley setbacks
F Alley lot line (min) 3' or 20'
Alley centerline (min) 13' or 30'
AMENITY Sec. 380.
G Outdoor amenity space (min) 20%
2. BUILDING FORM
i
h
BUILDING Sec. 390.
H Building height
(max stories/feet) 6/82'
I Building width (max) 250'
Building break (min) 10'
J Building depth (max) 250'
FENCES AND WALLS Sec. 620.E.
Front yard type See Frontage
Module
Side/rear yard type Type VI
3-25
Part 3 | Form
Pomona, California | Zoning & Development Code
Mid-Rise Broad 1 (MB1)
DRAFT May 16, 2024
340.C. Mid-Rise Broad 1 (MB1)
1. BUILDING PLACEMENT
f
E
d
C
B
A
g
LOT SIZE Sec. 360.
Lot Area (min) 10,000 SF
A Lot Width
Front access (min) 100'
Side/alley access (min) 80'
COVERAGE Sec. 370.
Impervious coverage (max) 80%
B Building coverage (max) 75%
Building setbacks
C Primary street lot line (min) 0'
D Side street lot line (min) 0'
E Side lot line (min) 0' or 5'
Rear lot line (min) 20'
Alley setbacks
F Alley lot line (min) 3' or 20'
Alley centerline (min) 13' or 30'
AMENITY Sec. 380.
G Outdoor amenity space (min) 20%
2. BUILDING FORM
i
h
BUILDING Sec. 390.
H Building height
(max stories/feet) 6/82'
I Building width (max) 300'
Building break (min) 15'
J Building depth (max) 300'
FENCES AND WALLS Sec. 620.E.
Front yard type See Frontage
Module
Side/rear yard type Type VI
3-26 Zoning & Development Code | Pomona, California
Part 3 | Form Special Form Modules
DRAFT May 16, 2024
Sec. 350. Special Form Modules
Special Form Modules regulate building forms in parks and campus settings where more flexibility is necessary to achieve more unique building designs. Each special Form Modules is primarily defined by its maximum building width and height.
3-27
Part 3 | Form
Pomona, California | Zoning & Development Code
Special 1 (S1)
DRAFT May 16, 2024
350.A. Special 1 (S1)
1. BUILDING PLACEMENT
f
E
d
C
B
A
g
LOT SIZE Sec. 360.
Lot Area (min) n/a
A Lot Width
Front access (min) n/a
Side/alley access (min) n/a
COVERAGE Sec. 370.
Impervious coverage (max) 80%
B Building coverage (max) 70%
Building setbacks
C Primary street lot line (min) 0'
D Side street lot line (min) 0'
E Side lot line (min) 0' or 5'
Rear lot line (min) 20'
Alley setbacks
F Alley lot line (min) 3' or 20'
Alley centerline (min) 13' or 30'
AMENITY Sec. 380.
G Outdoor amenity space (min) 20%
2. BUILDING FORM
i
h
BUILDING Sec. 390.
H Building height
(max stories/feet) 4/55'
I Building width (max) 300'
Building break (min) n/a
J Building depth (max) 300'
FENCES AND WALLS Sec. 620.E.
Front yard type See Frontage
Module
Side/rear yard type Type VI
3-28
Part 3 | Form
Zoning & Development Code | Pomona, California
Special 2 (S2)
DRAFT May 16, 2024
350.B. Special 2 (S2)
1. BUILDING PLACEMENT
f
E
d
C
B
A
g
LOT SIZE Sec. 360.
Lot Area (min) n/a
A Lot Width
Front access (min) n/a
Side/alley access (min) n/a
COVERAGE Sec. 370.
Impervious coverage (max) 75%
B Building coverage (max) 60%
Building setbacks
C Primary street lot line (min) 0'
D Side street lot line (min) 0'
E Side lot line (min) 0' or 5'
Rear lot line (min) 20'
Alley setbacks
F Alley lot line (min) 3' or 20'
Alley centerline (min) 13' or 30'
AMENITY Sec. 380.
G Outdoor amenity space (min) 20%
2. BUILDING FORM
i
h
BUILDING Sec. 390.
H Building height
(max stories/feet) 8/106'
I Building width (max) 200'
Building break (min) n/a
J Building depth (max) 200'
FENCES AND WALLS Sec. 620.E.
Front yard type See Frontage
Module
Side/rear yard type Type VI
3-29
Part 3 | Form
Pomona, California | Zoning & Development Code
Special 3 (S3)
DRAFT May 16, 2024
350.C. Special 3 (S3)
1. BUILDING PLACEMENT
f
E
d
C
B
A
LOT SIZE Sec. 360.
Lot Area (min) n/a
A Lot Width
Front access (min) n/a
Side/alley access (min) n/a
COVERAGE Sec. 370.
Impervious coverage (max) 50%
B Building coverage (max) 15%
Building setbacks
C Primary street lot line (min) 10'
D Side street lot line (min) 10'
E Side lot line (min) 0' or 5'
Rear lot line (min) 0' or 5'
Alley setbacks
F Alley lot line (min) 3' or 20'
Alley centerline (min) 13' or 30'
AMENITY Sec. 380.
Outdoor amenity space (min) n/a
2. BUILDING FORM
h
g
BUILDING Sec. 390.
G Building height
(max stories/feet) 2.5/32'
H Building width (max) 80'
Building break (min) n/a
I Building depth (max) 80'
FENCES AND WALLS Sec. 620.E.
Front yard type See Frontage
Module
Side/rear yard type Type VI
3-30
Part 3 | Form
Zoning & Development Code | Pomona, California
Special 4 (S4)
DRAFT May 16, 2024
350.D. Special 4 (S4)
1. BUILDING PLACEMENT
f
E
d
C
B
A
g
LOT SIZE Sec. 360.
Lot Area (min) n/a
A Lot Width
Front access (min) n/a
Side/alley access (min) n/a
COVERAGE Sec. 370.
Impervious coverage (max) n/a
B Building coverage (max) n/a
Building setbacks
C Primary street lot line (min) n/a
D Side street lot line (min) n/a
E Side lot line (min) n/a
Rear lot line (min) n/a
Alley setbacks
F Alley lot line (min) n/a
Alley centerline (min) n/a
AMENITY Sec. 380.
G Outdoor amenity space (min) n/a
2. BUILDING FORM
i
h
BUILDING Sec. 390.
H Building height
(max stories/feet) n/a
I Building width (max) n/a
Building break (min) n/a
J Building depth (max) n/a
FENCES AND WALLS Sec. 620.E.
Front yard type n/a
Side/rear yard type n/a
DRAFT May 16, 2024 Pomona, California | Zoning & Development Code 3-31 Subpart 3C.
FORM RULES
Sec. 360. Lot Size 3-32
360.A. Lot Area 3-32
360.B. Lot Width 3-33
Sec. 370. Coverage 3-34
370.A. Impervious Coverage 3-34
370.B. Building Coverage 3-36
370.C. Building Setbacks 3-37
Sec. 380. Amenity 3-40
380.A. Outdoor Amenity Space 3-40
380.B. Outdoor Amenity Space Design Standards 3-42
Sec. 390. Building 3-46
390.A. Building Height 3-46
390.B. Building Width 3-51
390.C. Building Depth 3-54
3-32 Zoning & Development Code | Pomona, California DRAFT May 16, 2024 Part 3 | Form Lot Area
Sec. 360. Lot Size
360.A. Lot Area
The total area within the boundaries of a lot.
1. Intent
To ensure that newly established lots are consistent in size with surrounding lots.
2. Applicability
Minimum lot area requirements apply to all lots.
3. Standards
a. A lot must not have an area less than the minimum specified in the applied Form Module (Subpart 3B).
b. For the purpose of meeting minimum lot size standards, multiple lots may be grouped together as a lot when a lot tie or lot merger affidavit is filed and approved by the Department of Development Services, Planning Commission or City Council.
4. Measurement
a. Lot area is measured as the total area within the boundary of a lot, measured horizontally. b. Lot area includes all portions of a lot allocated for required easements.
Primary Street
Primary Street
Side Street Lot Area
5. Relief
A reduction in required lot area may be requested as a variance in accordance with Sec. 1170.E. (Variance).
DRAFT May 16, 2024 Pomona, California | Zoning & Development Code 3-33 Lot Width Part 3 | Form
360.B. Lot Width
The length of primary street lot lines bounding a lot.
1. Intent
To ensure that newly established lots are consistent in width with surrounding lots.
2. Applicability
Minimum lot width requirements apply to all lots.
3. Standards
a. A lot must not have a width less than the minimum specified by the applied Form Module (Subpart 3B).
b. For the purpose of meeting minimum lot width standards, multiple lots may be grouped together as a lot when a lot tie or lot merger affidavit is filed and approved by the Department of Development Services, Planning Commission or City Council.
4. Measurement
a. Lot width is measured following the geometry of all primary street lot lines that bound the lot. b. Lots that take vehicular access from a primary street must meet the minimum width requirement for lots with front access.
c. Lots that take vehicular access from either a side street, side, rear or alley lot line can meet the minimum width requirement for lots with side/alley access. d. Where a lot has two or more primary street lot lines facing different streets, both primary street lot lines must meet the minimum lot width standard.
Primary Street
Primary Street
Side Street
Lot Width
Lot
Width
Lot Width
5. Relief
A reduction in required lot width may be requested as a variance in accordance with Sec. 1170.E. (Variance).
3-34 Zoning & Development Code | Pomona, California DRAFT May 16, 2024 Part 3 | Form Impervious Coverage
Sec. 370. Coverage
370.A. Impervious Coverage
The percentage of lot area that is covered by buildings, structures and impervious pavement.
1. Intent
To ensure that the amount of impervious ground coverage on a lot is limited to minimize stormwater runoff during extreme flooding events and improve the overall environmental health of the City.
2. Applicability
The maximum impervious coverage requirements apply to all lots.
3. Standards
A lot must have no more than the maximum impervious coverage specified by the applied Form Module (Subpart 3B).
4. Measurement
a. Impervious coverage is calculated by dividing the cumulative area of all impervious surfaces by the lot area, and is represented as a percentage of the lot area. b. Impervious surfaces, for the purpose of impervious coverage calculation include, but are not limited to, the following:
1. Roads;
2. Buildings, sheds, and similar structures;
3. Flatwork including concrete slabs, sidewalks, patios, parking areas, pool coping and driveways;
4. Mechanical equipment;
5. Impermeable construction covering the natural land surface; and
6. For an uncovered wood deck that has drainage spaces between the deck boards and that is located over a pervious surface, 50% of the horizontal area of the deck.
5. Exception
A lot may exceed the maximum impervious coverage where such limitations prohibit compliance with ADA standards, subject to discretionary review by the Director of Development Services.
DRAFT May 16, 2024 Pomona, California | Zoning & Development Code 3-35 Impervious Coverage Part 3 | Form
6. Relief
Increased impervious coverage may be requested as a variance in accordance with Sec. 1170.E. (Variance).
3-36 Zoning & Development Code | Pomona, California DRAFT May 16, 2024 Part 3 | Form Building Coverage
370.B. Building Coverage
The percentage of lot area that is covered by buildings or structures.
1. Intent
To preserve open area and reduce the bulk of buildings on a lot by limiting the amount of buildings or structures that cover a lot.
2. Applicability
The maximum building coverage requirements apply to all lots.
3. Standards
Covered structures on a lot must not have a cumulative area in excess of the maximum building coverage specified by the applied Form Module (Subpart 3B).
4. Measurement
a. Building coverage is measured by dividing the cumulative area of all buildings and roofed structures on the lot by the lot area.
Street
A
D
E
B
C
Structure Footprint
Accessory
Structure
Porch
Porte
Cochѐre
Covered
Patio
Primary
Structure
Cumulative
Structure
Footprint
Building Coverage
(Cumulative
Structure
Footprint)
÷ (Total Site Area)
Area A
Area B
Area C
Area D
Area E
+
+
+
+
b. Building coverage does not include portions of architectural projections (including roof overhangs and projecting balconies) that are less than 5 feet from the nearest wall, column, spanning beam, or other structural element carrying gravity loads to the ground.
Covered Area
<5’ Projection
BUILDING FOOTPRINT
5. Relief
Increased building coverage may be requested as a variance in accordance with Sec. 1170.E. (Variance).
DRAFT May 16, 2024 Pomona, California | Zoning & Development Code 3-37 Building Setbacks Part 3 | Form
370.C. Building Setbacks
The area on a lot not intended for buildings and structures. Includes primary street setbacks, side street setbacks, side setbacks, rear setbacks, alley setbacks, and special lot line setbacks.
1. Intent
To provide open areas on the lot and help reduce the impact of buildings or structures on abutting sidewalks and neighboring development.
2. Applicability
a. The building setback requirements apply to all buildings and structures on a lot unless listed as an exception in Sec. 370.C.5. (Exceptions).
b. Building setbacks apply only to the perimeter edges of a lot. Building setbacks do not apply to individual lots that are part of a larger lot.
3. Standards
All buildings and structures on the lot must be located on or behind a minimum building setback, except where allowed in Sec. 370.C.5. (Exceptions).
4. Measurement
All building setbacks are measured perpendicular to the applicable lot line. To determine street and lot line designations, see Sec. 1200. (General Standards and Measurement).
Primary Street
Primary Street
Side Street
Side Street Setback
Primary Street
Setback Primary StreetSetback
Rear Setback Rear Setback
Primary Street Setback
Side Setback
Side Setback
Side SetbackSide Setback
Side Setback
a. A primary street setback is measured from the primary street lot line. b. A side street setback is measured from the side street lot line. c. A side setback is measured from the side lot line.
d. A rear setback is measured from the rear lot line.
1. For the purpose of measuring rear setback on triangular or gore-shaped lots, the rear lot line is determined based on a line 10 feet wide, parallel to the primary street lot line that intersects two lot lines at its endpoints.
3-38 Zoning & Development Code | Pomona, California DRAFT May 16, 2024 Part 3 | Form Building Setbacks
2. Where the primary street lot line is not straight, the rear lot line must be parallel to a line connecting the end points of the primary street lot line. e. An alley setback is measured from the alley lot line.
5. Exceptions
The following are allowed to encroach beyond the building setback up to the minimum distance from the lot line specified below. No encroachment is allowed within any public right-of-way.
HORIZONTAL ENCROACHMENTS ALLOWED INTO SETBACKS
Lot Lines
Primary/Side Street Side/Rear Alley
Architectural Details (Sec. 1200.G.1.a.1.)
Encroachment (max) 2' 2' 2'
Distance from lot line (min) 0' 2.5' 0'
Roof Projections (Sec. 1200.G.1.a.2.)
Encroachment (max) 2.5' 2.5' 2.5'
Distance from lot line (min) 0' 2.5' 0'
Unenclosed Structures: Ground story
(Sec. 1200.G.1.a.3.)
Encroachment (max) 7' 5' 5'
Distance from lot line (min) 0' 2.5' 2.5'
Unenclosed Structures: Above ground story
(Sec. 1200.G.1.a.4.)
Encroachment (max) 5' 3' 3'
Distance from lot line (min) 0' 5' 2.5'
Enclosed Structures: Projecting (Sec.
1200.G.1.a.5.)
Encroachment (max) 2.5' 1.5' 2.5'
Distance from lot line (min) 0' 2.5' 2.5'
Mechanical/Electrical Equipment:
Ground mounted (Sec. 1200.G.1.a.6.)
Encroachment (max) 1.5' 2.5' 2.5'
Distance from lot line (min) 15' 2.5' 0'
Mechanical/Electrical Equipment:
Wall mounted (Sec. 1200.G.1.a.7.)
Encroachment (max) 1.5' 1.5' 1.5'
Distance from lot line (min) 15' 2.5' 0'
Waste Enclosures (Sec. 1200.G.1.a.8.)
Encroachment (max) 0' unlimited unlimited
Distance from lot line (min) 15' 2.5' 0'
DRAFT May 16, 2024 Pomona, California | Zoning & Development Code 3-39 Building Setbacks Part 3 | Form
HORIZONTAL ENCROACHMENTS ALLOWED INTO SETBACKS
Lot Lines
Primary/Side Street Side/Rear Alley
Utility Equipment, Underground Structures,
Flatwork, Fences and Walls, Vegetation,
Outdoor Furniture (Sec. 1200.G.1.a.9., Sec.
1200.G.1.a.10., Sec. 1200.G.1.a.11., Sec.
1200.G.1.a.12., Sec. 1200.G.1.a.13., Sec.
1200.G.1.a.14.)
Encroachment (max) unlimited unlimited unlimited
Distance from lot line (min) 0' 0' 0'
Signs Sec. 630. (Signs)
6. Relief
A setback reduction may be requested as a variance in accordance with Sec. 1170.E. (Variance). 3-40 Zoning & Development Code | Pomona, California DRAFT May 16, 2024 Part 3 | Form Outdoor Amenity Space
Sec. 380. Amenity
380.A. Outdoor Amenity Space
An area on a lot designated to be used for active or passive recreation.
1. Intent
To help provide adequate recreation and open space areas for residents and tenants, and to ensure such spaces are accessible, usable, and safe to persons with varying abilities and ages.
2. Applicability
a. The outdoor amenity space requirements apply to all lots unless specified ad "n/a" by the Form Module (Subpart 3B.).
b. Where the calculation of outdoor amenity space requires less than 400 square feet, no outdoor amenity space is required.
3. Standards
a. The cumulative area of outdoor amenity space provided on a lot cannot be less than required by the zoning district.
b. Required outdoor amenity space must meet the design standards in Sec. 380.B. (Outdoor Amenity Space Design Standards).
Common Amenity Space
Pedestrian Amenity Space
Common
Amenity
Space
4. Measurement
a. Outdoor amenity space is a percentage calculated by dividing the cumulative area of all outdoor amenity spaces by the lot area.
b. The minimum required outdoor amenity space is calculated by multiplying the required minimum outdoor amenity percentage by the lot area.
DRAFT May 16, 2024 Pomona, California | Zoning & Development Code 3-41 Outdoor Amenity Space Part 3 | Form
c. Unless specified by another provision in this Code, any combination of outdoor amenity space types described in Sec. 380.B. (Outdoor Amenity Space Design Standards) may be counted towards the total area of outdoor amenity space required by the zoning district. d. Private outdoor balconies with a minimum area of 50 square feet, and no depth dimension less than 6 feet may be counted as outdoor amenity space.
e. No more than 50 percent of the cumulative area of the required outdoor amenity space may be private to individual dwelling units or tenants.
f. As a bonus for providing public space, outdoor amenity space area meeting Sec. 380.B.4. (Privately Owned Public Space), counts as 1.25 square feet of outdoor amenity space for every 1 square foot of provided outdoor amenity space area.
5. Relief
A reduction of required outdoor amenity space may be requested as a variance in accordance with Sec. 1170.E. (Variance).
3-42 Zoning & Development Code | Pomona, California DRAFT May 16, 2024 Part 3 | Form Outdoor Amenity Space Design Standards
380.B. Outdoor Amenity Space Design Standards
1. Intent
To ensure that amenity spaces provided by projects are sufficient enough to provide spaces which are accessible, usable, and safe to persons of all ages and abilities, and provide adequate access to open space, recreation, and shared amenities.
2. General
a. Outdoor amenity space cannot be fully enclosed.
b. No portion of an outdoor amenity space can have a clear height of less than 7.5 feet. c. Outdoor amenity space that is roofed must have a minimum clear height of 1.5 times the depth of the roofed area.
Covered
Area
(1.5)X (min)
X
d. The following are exempt from the outdoor amenity space standards above, provided all exemptions have a cumulative area no greater than 20% of the contiguous outdoor amenity space area.
1. Roofed structures having a clear height of at least 7.5 feet; and
2. A small building providing goods or services to tenants of the project or the public, having an area of no more than 25 square feet.
7.5’ (min)
25 SF
(max)
Coee
Outdoor Amenity
Space
Structure Area
20% (max)
Enclosed
& Covered
Structure
Unenclosed
Structure
DRAFT May 16, 2024 Pomona, California | Zoning & Development Code 3-43 Outdoor Amenity Space Design Standards Part 3 | Form
3. Common Outdoor Amenity Space
Outdoor amenity space located on upper or ground levels that is open to all owners and tenants of the building and it is not directly connected to the public sidewalk system. a. Each square foot of common outdoor amenity space provided counts as 1 square foot of required outdoor amenity space.
b. Where common outdoor amenity space is provided to meet the outdoor amenity space requirement, it must meet the following standards:
1. Common outdoor amenity space must be made available to all tenants of a building, at no cost, from sunrise to sunset daily or during the hours of operation of the building, whichever results in a longer period of time. The space must not be reserved or in any way exclude any tenant during the time it is required to be made available to all tenants.
2. Common outdoor amenity space must have a minimum area of 400 square feet, and no horizontal dimension less than 15 feet, measured perpendicular to any boundary of the space.
3. Building facades adjacent to common outdoor amenity space must have a minimum transparency of 15% for each story.
4. A minimum of 15% of the total area of the common outdoor amenity space must be planting area - see Sec. 620.F.3.c. (Planting Areas).
5. For every 400 square feet of common outdoor amenity space, two permanent or movable seats must be provided. Two linear feet of bench or seat wall are counted as 1 seat.
Planting Area
Planting Area
Transparency
6. Mechanical and utility equipment cannot be located in a pedestrian amenity space, or between a pedestrian amenity space and the adjacent building facade.
7. All mechanical exhaust outlets must be located a minimum horizontal distance of 10 feet and a minimum vertical distance of 15 feet from a pedestrian amenity space. 3-44 Zoning & Development Code | Pomona, California DRAFT May 16, 2024 Part 3 | Form Outdoor Amenity Space Design Standards
4. Pedestrian Amenity Space
Outdoor amenity space located at ground level that is open to all owners or tenants of a building and it is directly connected to the public sidewalk system. a. Each square foot of pedestrian amenity space provided counts as 1 square foot of required outdoor amenity space.
b. Where pedestrian amenity space is provided to meet the outdoor amenity space requirement, it must meet the following standards:
1. The finished floor or ground surface of a pedestrian amenity space must be located within the minimum and maximum ground floor elevations required by the applied Form Module (Subpart 3B).
2. Pedestrian amenity space must have a minimum area of 400 square feet, and no horizontal dimension less than 15 feet measured perpendicular to any boundary of the space.
3. Pedestrian amenity space must abut and provide direct access to a public sidewalk. The space cannot be separated from the public sidewalk by any structure or landscaping, with the exception of a planters or fencing that doesn’t exceed 3 feet in height.
4. Building facades adjacent to a pedestrian amenity space must meet all applicable window and door standards required by the applied Frontage Module (Subpart 4B).
5. A minimum of 15% of the total area of the pedestrian amenity space must be planting area, as defined in Sec. 620.F.3.c. (Planting Area).
6. For every 400 square feet of pedestrian amenity space, two permanent or movable seats must be provided. Two linear feet of bench or seat wall are counted as 1 seat.
7. Mechanical and utility equipment cannot be located in a pedestrian amenity space, or between a pedestrian amenity space and the adjacent building facade.
8. All mechanical exhaust outlets must be located a minimum horizontal distance of 10 feet and a minimum vertical distance of 15 feet from a pedestrian amenity space.
5. Privately Owned Public Space
Outdoor amenity space that is privately owned but is made permanently available to the public.
Providing privately owned public space is optional, not required. a. Privately owned public space must meet the requirements of Sec. 380.B.4. (Pedestrian Amenity Space).
b. Privately owned public space must be made permanently available to the general public, at no cost, at minimum between sunrise and sunset daily.
DRAFT May 16, 2024 Pomona, California | Zoning & Development Code 3-45 Outdoor Amenity Space Design Standards Part 3 | Form
6. Relief
a. For industrial uses, defined in Sec. 530. (Use Definitions), required outdoor amenity space may be provided indoors through alternative compliance in accordance with Sec. 1170.D. (Alternative Compliance). A minimum of 400 square feet of must be provided outside. b. A change to an outdoor amenity space design standard may be requested as a variance in accordance with Sec. 1170.E. (Variance).
3-46 Zoning & Development Code | Pomona, California DRAFT May 16, 2024 Part 3 | Form Building Height
Sec. 390. Building
390.A. Building Height
The vertical dimension of a building or structure measured from average grade in feet and stories.
1. Intent
To provide adequate light, air, safety, and to protect the character of an area and the interests of the general public.
2. Applicability
The height limitations apply to all lots.
3. Standards
No building, portion of a building or structure can exceed the maximum height in number of feet or stories allowed in the zoning district, unless listed as an exception in Sec. 390.A.5. (Exceptions).
4. Measurement
a. Height in Feet
Height in feet is the number of feet from average grade to:
1. The mid-point of the roof, for a building with a roof having a pitch greater than 4:12;
2. The top of the roof deck, for a building with roof having a pitch of 4:12 and less; and
3. The topmost point of the structure, for all other structures.
DRAFT May 16, 2024 Pomona, California | Zoning & Development Code 3-47 Building Height Part 3 | Form
Average Grade
ROOF PITCH
<4:12
OTHER
STRUCTURE
HeightHeight
Average Grade
Top of
Roof Deck
Parapet
Wall
Average Grade
Height
ROOF PITCH
>4:12
b. Height in Stories
1. Height in stories is measured as the number of stories above finished grade. The ground story and all upper stories are included in the calculation of maximum height in stories.
2. A story is the part of a building included between the surface of one floor and the surface of the next floor above, or if there is no floor above, then the ceiling next above. A mezzanine does not count as a story.
3. The ground story (or first story) of a building is determined as follows:
i. The first (facade) story that is exposed a minimum of 6 feet above finished grade along the full width of the applicable building facade.
ii. The finished floor of a ground story can be no higher than 6 feet above finished grade for any portion of the building perimeter. This may mean that the ground story may change within the same building.
Ground Floor
2nd Floor
3rd Floor
Roof
Ground Floor
2nd Floor
3rd Floor
Roof
Ground Story
6’ MAX
6’ MIN
Finished Grade
Finished Grade
Average Grade Average Grade
EXAMPLE: A (ELEVATION)
3-48 Zoning & Development Code | Pomona, California DRAFT May 16, 2024 Part 3 | Form Building Height
Module 2
Module 1
2nd Floor
Ground Floor
3rd Floor
Roof
Roof
Finished Grade
Ground Floor
2nd Floor
3rd Floor
Ground Story
Ground Story
6’ MIN 6’ MAX
Module 1
Elevations
Module 2
Elevations
4. An occupiable space in a building located below the ground story is a basement. Basements are not included in the calculation of maximum height in stories.
5. Any story located above the ground story is an upper story. The topmost story of a building is not counted as a full story and is counted as a half story when:
i. It is completely within the roof form of the building and less than 50% of the floor area has a clear height of more than 7.5 feet, measured from the finished floor to the finished ceiling; or
ii. Dormers do not exceed more than 50% of the front, rear or side building length.
Up to 50% cumulatively
Building Width
Up to 50% floor area More than 50% cumulatively
Building Width
Dormer
width Dormer Dormer width width
7.5’
FULL STORY
1/2 STORY1/2 STORY
DRAFT May 16, 2024 Pomona, California | Zoning & Development Code 3-49 Building Height Part 3 | Form
c. Average Grade
1. Average grade is calculated by averaging the highest and lowest elevation of the sidewalk in front of the primary street lot line-facing building facade.
Highest Grade
Average
Grade
Lowest Grade
2. Where the sidewalk is more than 5 feet from the primary street lot line-facing building facade, average grade is calculated by averaging of the highest and lowest elevation within 5 feet of the primary street lot line-facing building facade.
3. Large buildings and those developed on sites with significant topographic variation may calculate average grade independently for each building module that steps up or down the slope.
d. Top Plate Height
Top plate height cannot exceed the maximum height in feet required by the zoning district and is measured from average grade to the top plate of the building.
Dormer
Average grade Foundation
Top plate
height
Top plate
height
3-50 Zoning & Development Code | Pomona, California DRAFT May 16, 2024 Part 3 | Form Building Height
5. Exceptions
The following encroachments are allowed beyond the maximum height limit, as specified below:
ALLOWED VERTICAL ENCROACHMENTS
Form Module Height (max)
45' or less > 45' to 75' > 75'
Mechanical/Electrical Equipment (Sec. 1200.G.2.a.2.)
Encroachment (max) 3' 5' 10'
Setback from roof edge (min) 3' 3' 5'
Architectural Elements (Sec. 1200.G.2.a.3.)
Encroachment (max) 5' 5' 10'
Setback from roof edge (min) 3' 3' 5'
Vertical Circulation (Sec. 1200.G.2.a.4.)
Encroachment (max) 10' 10' 10'
Setback from roof edge (min) 5' 5' 5'
Safety Barriers (Sec. 1200.G.2.a.5.)
Encroachment (max) 6' 6' 6'
Setback from roof edge (min) 0' 0' 0'
Unenclosed Structures (Sec. 1200.G.2.a.6.)
Encroachment (max) 8 8 8'
Setback from roof edge (min) 5' 5' 5'
Flatwork (Sec. 1200.G.2.a.7.)
Encroachment (max) 2.5' 2.5' 2.5
Setback from roof edge (min) 1' 1' 1'
Plants (Sec. 1200.G.2.a.8.)
Encroachment (max) unlimited unlimited unlimited
Setback from roof edge (min) 1' 1' 1'
Signs Sec. 630. (Signs)
6. Relief
Any increase beyond 10% or an increase in maximum height in stories may be requested as a variance in accordance with Sec. 1170.E. (Variance).
DRAFT May 16, 2024 Pomona, California | Zoning & Development Code 3-51 Building Width Part 3 | Form
390.B. Building Width
The horizontal dimension of a building on a lot.
1. Intent
a. To promote fine-grained patterns of development and prevent buildings that are significantly out of context with traditional patterns by breaking wide buildings into multiple, clearly distinguished, building widths.
b. To encourage larger projects to provide open space for pedestrians and recreation.
2. Applicability
a. Building width requirements apply to all street lot line-facing building facades. b. Building width requirements do not apply to the exceptions listed in Sec. 390.B.6. (Exceptions).
3. Standards
a. No building located on the same lot can be wider than the maximum building width allowed by the zoning district.
b. Two buildings can abut one another provided that they have no shared components and are structurally independent from one another.
4. Measurement
Building width is measured horizontally and parallel to each abutting primary street or side street lot line from one end of a building to the opposite end.
Building Width
Building Width
Building Width Street 5. Exceptions
a. Where allowed pursuant to Sec. 520. (Allowed Uses), any production use with an assembly line as defined in Sec. 530.H.1.b. (Assembly Line) may exceed the maximum building width allowed by the zoning district, but must not exceed 300 feet in total length. b. Side-by-side, attached dwelling units, such as townhouses, may exceed the maximum building width allowed by a house form module (Sec. 320.), but must not exceed 80 feet in total length. 3-52 Zoning & Development Code | Pomona, California DRAFT May 16, 2024 Part 3 | Form Building Width
6. Building Break
a. Standards
1. All buildings and collections of abutting buildings located on the same lot must be separated by at least the minimum building break dimension in order to establish them as separate buildings for the purpose of measuring building width.
2. No building or structure is permitted to encroach into the building break, except where allowed in Sec. 390.B.6. (Exceptions).
Street
Width (max) Building
Width (max) Building
Building Break
(min)
b. Measurement
A building break is measured perpendicular to the outermost surface of each applicable portion of a building both vertically and horizontally.
4 3
4 3
3 4
3 6
# Number of Stories
Street-facing Facade
Minimum Building Break
ELEVATION ELEVATION ELEVATION ELEVATION
PLAN PLAN PLAN
7. Exceptions
a. Encroachments
The following are allowed to encroach into the building break:
DRAFT May 16, 2024 Pomona, California | Zoning & Development Code 3-53 Building Width Part 3 | Form
ALLOWED HORIZONTAL ENCROACHMENTS
Architectural Elements (Sec. 1200.G.1.a.1.)
Encroachment (max) 2'
Clear width (min) 3'
Roof Projections (Sec. 1200.G.1.a.2.)
Encroachment (max) 2.5'
Clear width (min) 3'
Unenclosed Structures (Sec. 1200.G.1.a.3., Sec.
1200.G.1.a.4.)
Encroachment (max) 1.5'
Clear width (min) 3'
b. Building Break Outdoor Amenity Space Alternative
An open space meeting the following standards may be used to establish a continuous structure as separate buildings for the purpose of meeting a maximum building width requirement:
1. The width of the open space must be no more than 1/2 the width of the widest adjacent building width provided and no less than 1/4 the width of widest adjacent building width provided.
2. The depth of the open space must be at least 1.5 times the width of the open space.
3. A maximum of 1 open space exception can be used for each building.
4. The open space must meet Sec. 380.B. (Outdoor Amenity Space Design Standards).
5. Open space meeting the standards for pedestrian amenity space in Sec. 380.B.4. (Pedestrian Amenity Space) may count towards the build-to requirement in accordance with Sec. 470.D. (Pedestrian Amenity Allowance).
Street
1.5 B
A
B
A
(min/max)
4 / A
2 A
8. Relief
Increased building width beyond 10% may be requested in accordance with Sec. 1170.E. (Variance). 3-54 Zoning & Development Code | Pomona, California DRAFT May 16, 2024 Part 3 | Form Building Depth
390.C. Building Depth
The horizontal depth dimension of a building on a lot.
1. Intent
a. To promote fine-grained patterns of development within a site and prevent buildings that are significantly out of context with traditional patterns by breaking buildings into multiple, clearly distinguished buildings.
b. To encourage larger projects to provide open space and outdoor circulation for pedestrians and recreation within a site.
2. Applicability
a. Building width requirements apply to any building facade that does not face a street. b. Building depth requirements do not apply to the exceptions listed in Sec. 390.B.6. (Exceptions).
3. Standards
a. No building located on the same lot can be deeper than the maximum building depth allowed by the zoning district.
b. Two buildings can abut one another provided that they have no shared components and are structurally independent from one another.
4. Measurement
Building width is measured horizontally and perpendicularly to each abutting primary street or side street lot line from one end of a building to the opposite end.
Building
Depth Building
Depth
Building
Depth
Street 5. Exceptions
Where allowed pursuant to Sec. 520. (Allowed Uses), any production use with an assembly line as defined in Sec. 530.H.1.b. (Assembly Line) may exceed the maximum building depth allowed by the zoning district, but must not exceed 300 feet in total length.
DRAFT May 16, 2024 Pomona, California | Zoning & Development Code 3-55 Building Depth Part 3 | Form
3-56 Zoning & Development Code | Pomona, California DRAFT May 16, 2024 DRAFT May 16, 2024 Pomona, California | Zoning & Development Code 4-1 Part 4.
FRONTAGE
Subpart 4A. Frontage Introduction 4-3
Sec. 400. Orientation 4-4
Sec. 410. General Provisions 4-6
Subpart 4B. Frontage Modules 4-11
Sec. 420. Neighborhood Yard Frontage Modules 4-12
Sec. 430. Multi-Unit Frontage Modules 4-16
Sec. 440. General Frontage Modules 4-18
Sec. 450. Shopfront Frontage Modules 4-22
Sec. 460. Special Frontage Modules 4-24
Subpart 4C. Frontage Rules 4-29
Sec. 470. Build-To 4-30
Sec. 480. Parking Location 4-40
Sec. 490. Landscaping 4-42
Sec. 4100. Transparency 4-49
Sec. 4110. Entrances 4-64
Sec. 4120. Ground Story 4-74
4-2 Zoning & Development Code | Pomona, California DRAFT May 16, 2024 DRAFT May 16, 2024 Pomona, California | Zoning & Development Code 4-3 Subpart 4A.
FRONTAGE INTRODUCTION
Sec. 400. Orientation 4-4
400.A. Relationship to Zoning District Brackets 4-4
400.B. How to Use Part 4 4-4
400.C. Frontage Module Naming Convention 4-5
Sec. 410. General Provisions 4-6
410.A. Frontage Intent 4-6
410.B. Frontage Applicability 4-6
4-4 Zoning & Development Code | Pomona, California DRAFT May 16, 2024 Part 4 | Frontage Relationship to Zoning District Brackets Sec. 400. Orientation
400.A. Relationship to Zoning District Brackets
The first zoning district bracket is composed of the following modules:
[ FORM- FRONTAGE - USE ]
Frontage Module
The Frontage Module is a separate and independent component of each zoning district. 400.B. How to Use Part 4
1. Identify the Applied Frontage Module
The second component in the first zoning district bracket identifies the Frontage Module applied to a property.
2. Frontage Module Standards
Frontage Module standards are established in Subpart 4B. (Frontage Modules). Each Frontage Module establishes applicable frontage standards.
3. Interpreting Frontage Module Standards
Standards listed in Subpart 4B reference to Subpart 4C. (Frontage Rules) where the standards are defined.
DRAFT May 16, 2024 Pomona, California | Zoning & Development Code 4-5 Frontage Module Naming Convention Part 4 | Frontage
400.C. Frontage Module Naming Convention
All Frontage Module names are composed of two components: frontage category and variation number.
1. Frontage Category
The first component of each Frontage Module is a frontage category. Frontage categories group all districts with similar characteristics. Frontage categories are organized as follows:
a. Neighborhood Yard
b. Multi-Unit
c. General
d. Shopfront
e. Special
2. Variation Number
The last component of each Frontage Module is a variation number. All Frontage Modules are numbered in the order they fall within Part 4.
4-6 Zoning & Development Code | Pomona, California DRAFT May 16, 2024 Part 4 | Frontage Frontage Intent
Sec. 410. General Provisions
410.A. Frontage Intent
Frontage Modules regulate the portions of a lot and exterior building facades that impact the public realm to ensure that projects respond to the public realm appropriately. Modules range from minimal standards for Park Frontages to more robust standards for Shopfront Frontages which require projects to support a high-quality public realm that is active, comfortable, safe, and visually interesting, with strong connections between the public realm and uses inside buildings. 410.B. Frontage Applicability
1. Project Applicability
All projects filed after the effective date of this Zoning and Development Code must comply with the Frontage Module standards and rules in Part 4, as further specified below.
2. Project Activities
a. Categories of Frontage rules apply to a project based on what types of project activities are proposed, as shown in the table below. Typically, more than one project activity will apply to a proposed project (for example, a street lot line-facing addition concealing a portion of an existing building facade includes both new construction and a facade modification). b. For all Frontage Modules, Frontage rule categories apply to project activities as shown in the table below:
Project Activities
Frontage Rules
SubdivisionNew ConstructionAddition Site Modification Facade ModificationChange of Use Renovation Maintenance and Repair Sec. 470. Build-To
Sec. 480. Parking Location
Sec. 490. Landscaping
Sec. 4100. Transparency
Sec. 4110. Entrances
Sec. 4120. Ground Story
= Standards apply = Standards are not applicable
c. Project activities are defined in Sec. 1200.A. (Project Activities).
DRAFT May 16, 2024 Pomona, California | Zoning & Development Code 4-7 Frontage Applicability Part 4 | Frontage
3. Applicable Components of Lots, Buildings, and Structures a. General
Frontage standards apply only to the applicable facades, applicable portions of a lot, and applicable building depth, as specified in the following examples. Specific Frontage Module standards or rules may further limit which components of buildings and lots are required to comply with the standard within Subpart 4C. (Frontage Rules). b. Frontage Applicable Facades
Frontage standards apply to the following facades up to the top of the 12th story:
1. Street Lot Line-Facing Facades (Street-Facing Facades) Street
Park
Special Lot Line
12 stories
Street
12 stories
Facing Exempt
i. Facades that face a primary or side street lot line. For more details about street lot linefacing facades, see Sec. 1200.E.2. (Street Lot Line-Facing Facades). ii. These facades must meet the standards specified by the applied Frontage Module (Subpart 4B) for the frontage lot line that the facade faces (primary street lot line or side street lot line).
4-8 Zoning & Development Code | Pomona, California DRAFT May 16, 2024 Part 4 | Frontage Frontage Applicability
2. Lot Line-Facing Facades (Non Street-Facing Facades)
Street
Alley
12 stories
>10’
L
C
Street
>10’
Lot Line
12 stories
i. Lot line-facing facades (Sec. 1200.E.3.) that do not face a street lot line and are:
a) Located vertically above the top of the 4th story; and b) Located 10 feet or more from a common lot line or centerline of an alley, measured horizontally.
ii. Lot Line-Facing Facades (Non-Street Lot Line) facades must meet the standards specified by the applied Frontage Module (Subpart 4B) for the side street lot line.
3. Pedestrian Amenity Space-Facing Facades
Street
Pedestrian Amenity Space
12 stories
Facing Exempt
Facades that face a pedestrian amenity space (Sec. 1200.E.4.) must meet the standards specified by the applied Frontage Module (Subpart 4B) for the street lot line that the pedestrian amenity space abuts. Where the pedestrian amenity space abuts multiple street lot lines, the standards specified for the frontage lot line that abuts the pedestrian amenity space for the greatest length applies.
DRAFT May 16, 2024 Pomona, California | Zoning & Development Code 4-9 Frontage Applicability Part 4 | Frontage
c. Frontage Applicable Facades
Frontage Module standards apply to the following portions of a lot:
1. Frontage yards (Sec. 1200.H.1.);
2. Pedestrian amenity spaces (Sec. 380.B.4.); and
3. Build-to zones (Sec. 470.B.)
Street
Build-to Zone
Street
Pedestrian
Amenity
Space
Street
Frontage Yard
d. Frontage Applicable Building Depth
Frontage Module standards apply to portions of a building interior within 15 feet of a street lot line-facing (Sec. 1200.E.3.) or pedestrian amenity space-facing (Sec. 1200.E.4.) frontage applicable facade.
Street
15’
4-10 Zoning & Development Code | Pomona, California DRAFT May 16, 2024 Part 4 | Frontage Frontage Applicability
4. Nonconformity
Sec 11110. (Nonconformities) provides exceptions from the requirements of Part 4. (Frontage) for existing lots, site improvements, buildings and structures, and uses that conformed to the zoning regulations, if any, at the time they were established, but do not conform to current district standards or use permissions. A project activity must not decrease conformance with any Frontage standard unless otherwise specified by Sec. 11110.J. (Frontage Exceptions). Consider the following examples:
a. Closing an existing window opening: Where the proposed facade modification reduces ground story transparency below the minimum required by the applied Frontage Module (Subpart 4B.), the facade alteration is not allowed.
b. An addition or new detached structure to the side of a building: Where the applicable facades on the existing structure do not meet the Frontage Module transparency standards, all applicable facades of the addition or new detached structure are required to meet the transparency standards, but no alteration of existing facades is required.
DRAFT May 16, 2024 Pomona, California | Zoning & Development Code 4-11 Subpart 4B.
FRONTAGE MODULES
Sec. 420. Neighborhood Yard Frontage Modules 4-12
420.A. Neighborhood Yard 1 (N1) 4-13
420.B. Neighborhood Yard 2 (N2) 4-14
Sec. 430. Multi-Unit Frontage Modules 4-16
430.A. Multi-Unit 1 (MU1) 4-17
Sec. 440. General Frontage Modules 4-18
440.A. General 1 (G1) 4-19
440.B. General 2 (G2) 4-20
Sec. 450. Shopfront Frontage Modules 4-22
450.A. Shopfront 1 (SH1) 4-23
Sec. 460. Special Frontage Modules 4-24
460.A. Civic 1 (CV1) 4-25
460.B. Civic 2 (CV2) 4-26
460.C. Civic 3 (CV3) 4-27
460.D. Park (PK1) 4-28
4-12 Zoning & Development Code | Pomona, California
Part 4 | Frontage Neighborhood Yard Frontage Modules
DRAFT May 16, 2024
Sec. 420. Neighborhood Yard Frontage Modules
Neighborhood Yard Frontage Modules control the location of vehicular access, require planted front yards, and provide flexible provisions for privacy through a combination of build-to, landscaping, frontage yard fence and wall standards, in addition to building facade activation standards. 4-13
Part 4 | Frontage
Pomona, California | Zoning & Development Code
Neighborhood Yard 1 (N1)
DRAFT May 16, 2024
420.A. Neighborhood Yard 1 (N1)
1. STREET ORIENTATION
C
B
A
Primary
Street
Side
Street
BUILD-TO Sec. 470.
Applicable stories (min) All All
A Build-to depth (max) 25' 20'
B Build-to width (min) 50% 30%
Pedestrian amenity
allowance n/a n/a
C Active depth (min) 9' 5'
PARKING LOCATION Sec. 480.
Parking between building
and street
Not
allowed
Not
allowed
LANDSCAPING Sec. 490.
Frontage planting area (min) 50% 50%
Frontage yard fence and
wall type allowed Type A3 Type A3
2. STREET-FACING FACADE
i
j
h
G
f
E
D
Primary
Street
Side
Street
TRANSPARENCY Sec. 4100.
D Ground story transparency 20% 10%
E Upper story transparency 15% 10%
F Active wall spacing (max) 30’ 40'
ENTRANCES Sec. 4110.
G Street-facing entrance Required n/a
H Entrance spacing (max) 30' n/a
Required Entry feature Required No
Options • Porch
• Stoop
• Forecourt
GROUND STORY Sec. 4120.
I Ground story-height
Residential (min) 9' 9'
Non-residential (min) 10' 10'
J Ground-story elevation
Residential (min/max) 0'/5' 0'/5'
Non-residential (min/
max) 0'/2' 0'/2'
4-14
Part 4 | Frontage
Zoning & Development Code | Pomona, California
Neighborhood Yard 2 (N2)
DRAFT May 16, 2024
420.B. Neighborhood Yard 2 (N2)
1. STREET ORIENTATION
C
B
A
Primary
Street
Side
Street
BUILD-TO Sec. 470.
Applicable stories (min) All All
A Build-to depth (max) 15' 10'
B Build-to width (min) 60% 30%
Pedestrian amenity
allowance n/a n/a
C Active depth (min) 9' 5'
PARKING LOCATION Sec. 480.
Parking between building
and street
Not
allowed
Not
allowed
LANDSCAPING Sec. 490.
Frontage planting area (min) 50% 50%
Frontage yard fence and
wall type allowed Type A3 Type A3
2. STREET-FACING FACADE
I
J
H
G
F
E
D
Primary
Street
Side
Street
TRANSPARENCY Sec. 4100.
D Ground story transparency 20% 10%
E Upper story transparency 15% 10%
F Active wall spacing (max) 30’ 40'
ENTRANCES Sec. 4110.
G Street-facing entrance Required n/a
H Entrance spacing (max) 30' n/a
Required Entry feature Required No
Options • Porch
• Stoop
• Forecourt
GROUND STORY Sec. 4120.
I Ground story-height
Residential (min) 9' 9'
Non-residential (min) 10' 10'
J Ground-story elevation
Residential (min/max) 0'/5' 0'/5'
Non-residential (min/
max) 0'/2' 0'/2'
4-15
Part 4 | Frontage
Pomona, California | Zoning & Development Code
Neighborhood Yard 2 (N2)
DRAFT May 16, 2024
4-16 Zoning & Development Code | Pomona, California
Part 4 | Frontage Multi-Unit Frontage Modules
DRAFT May 16, 2024
Sec. 430. Multi-Unit Frontage Modules
Multi-Unit Frontage Modules require higher ground floor elevation, relatively low transparency, and frequent entrance spacing. This allows for greater privacy for tenants located on the ground story while retaining an interplay between the private and public realms. Frequent entrances activate the public realm with pedestrian activity and visual interest.
4-17
Part 4 | Frontage
Pomona, California | Zoning & Development Code
Multi-Unit 1 (MU1)
DRAFT May 16, 2024
430.A. Multi-Unit 1 (MU1)
1. STREET ORIENTATION
A
c
B
Primary
Street
Side
Street
BUILD-TO Sec. 470.
Applicable stories (min) All All
A Build-to depth (max) 10' 5'
B Build-to width (min) 70% 40%
Pedestrian amenity
allowance n/a n/a
C Active depth (min) 10' 5'
PARKING LOCATION Sec. 480.
Parking between building
and street
Not
allowed
Not
allowed
LANDSCAPING Sec. 490.
Frontage planting area (min) 30% 30%
Frontage yard fence and
wall type allowed Type A2 Type A2
2. STREET-FACING FACADE
g
j
f
d
e
h
i
Primary
Street
Side
Street
TRANSPARENCY Sec. 4100.
D Ground story transparency 30% 30%
E Upper story transparency 20% 20%
F Active wall spacing (max) 30' 40'
ENTRANCES Sec. 4110.
G Street-facing entrance Required n/a
H Entrance spacing (max) 50' 100'
Required Entry feature Required No
Options
• Porch
• Stoop
• Forecourt
• Recessed Entry
• Covered Entry
GROUND STORY Sec. 4120.
I Ground story-height
Residential (min) 10' 10'
Non-residential (min) 10' 10'
J Ground-story elevation
Residential (min/max) 0'/5' 0'/5'
Non-residential (min/
max) 0'/2' 0'/2'
4-18 Zoning & Development Code | Pomona, California
Part 4 | Frontage General Frontage Modules
DRAFT May 16, 2024
Sec. 440. General Frontage Modules
General Frontage Modules require moderate to high build-to widths while allowing a wide range of modifications for pedestrian amenity spaces. These Frontage Modules have a moderate transparency requirement with flexible entrance spacing standards while ensuring a high-quality pedestrian environment and providing flexibility for a variety of ground story tenants. 4-19
Part 4 | Frontage
Pomona, California | Zoning & Development Code
General 1 (G1)
DRAFT May 16, 2024
440.A. General 1 (G1)
1. STREET ORIENTATION
D
A
B
C
Primary
Street
Side
Street
BUILD-TO Sec. 470.
Applicable stories (min) All All
A Build-to depth (max) 10' 10'
B Build-to width (min) 80% 50%
C Pedestrian amenity
allowance 30% 20%
D Active depth (min) 15' 10'
PARKING LOCATION Sec. 480.
Parking between building
and street
Not
allowed
Not
allowed
LANDSCAPING Sec. 490.
Frontage planting area (min) 30% 30%
Frontage yard fence and
wall type allowed Type A1 Type A2
2. STREET-FACING FACADE
I
J
K
G
H
F
E
Primary
Street
Side
Street
TRANSPARENCY Sec. 4100.
E Ground story transparency 50% 35%
F Upper story transparency 25% 25%
G Active wall spacing (max) 25' 25'
ENTRANCES Sec. 4110.
H Street-facing entrance Required Required
I Entrance spacing (max) 75' 100'
Required Entry feature Required No
Options
• Stoop
• Forecourt
• Recessed Entry
• Covered Entry
• Storefront Bay
• Market Stall
GROUND STORY Sec. 4120.
J Ground story-height
Residential (min) 10' 10'
Non-residential (min) 16' 16'
K Ground-story elevation
Residential (min/max) 0'/5' 0'/5'
Non-residential (min/
max) 0'/2' 0'/2'
4-20
Part 4 | Frontage
Zoning & Development Code | Pomona, California
General 2 (G2)
DRAFT May 16, 2024
440.B. General 2 (G2)
1. STREET ORIENTATION
A
c
B
Primary
Street
Side
Street
BUILD-TO Sec. 470.
Applicable stories (min) 1 1
A Build-to depth (max) 25' n/a
B Build-to width (min) 50% n/a
Pedestrian amenity
allowance n/a n/a
C Active depth (min) 10' n/a
PARKING LOCATION Sec. 480.
Parking between building
and street
Not
allowed Allowed
LANDSCAPING Sec. 490.
Frontage planting area (min) 50% 50%
Frontage yard fence and
wall type allowed Type A4 Type A5
2. STREET-FACING FACADE
D
f
E
G
Primary
Street
Side
Street
TRANSPARENCY Sec. 4100.
D Ground story transparency 25% n/a
Upper story transparency n/a n/a
Active wall spacing (max) n/a n/a
ENTRANCES Sec. 4110.
E Street-facing entrance Required n/a
F Entrance spacing (max) 100' n/a
Required Entry feature No No
GROUND STORY Sec. 4120.
G Ground story-height
Residential (min) 16' 16'
Non-residential (min) 16' 16'
Ground-story elevation
Residential (min/max) n/a n/a
Non-residential (min/
max) n/a n/a
4-21
Part 4 | Frontage
Pomona, California | Zoning & Development Code
General 2 (G2)
DRAFT May 16, 2024
4-22 Zoning & Development Code | Pomona, California
Part 4 | Frontage Shopfront Frontage Modules
DRAFT May 16, 2024
Sec. 450. Shopfront Frontage Modules
Shopfront Frontage Modules require high build-to widths, high levels of transparency, frequent entrance spacing, and ground floor elevation at or near sidewalk grade. This promotes a legible street wall and activates the public realm with pedestrian activity and visual interest. The at-grade ground floor elevation allows for an increased connection between the interior uses and the pedestrian space. 4-23
Part 4 | Frontage
Pomona, California | Zoning & Development Code
Shopfront 1 (SH1)
DRAFT May 16, 2024
450.A. Shopfront 1 (SH1)
1. STREET ORIENTATION
D
A
B
C
Primary
Street
Side
Street
BUILD-TO Sec. 470.
Applicable stories (min) All All
A Build-to depth (max) 5' 10'
B Build-to width (min) 90% 60%
C Pedestrian amenity
allowance 20% 10%
D Active depth (min) 20' 15'
PARKING LOCATION Sec. 480.
Parking between building
and street
Not
allowed
Not
allowed
LANDSCAPING Sec. 490.
Frontage planting area (min) 30% 30%
Frontage yard fence and
wall type allowed Type A1 Type A1
2. STREET-FACING FACADE
K
J
I
G
H
E
f
Primary
Street
Side
Street
TRANSPARENCY Sec. 4100.
E Ground story transparency 60% 40%
F Upper story transparency 30% 30%
G Active wall spacing (max) 15' 15'
ENTRANCES Sec. 4110.
H Street-facing entrance Required Required
I Entrance spacing (max) 50' 75'
Required Entry feature Required No
Options
• Recessed Entry
• Covered Entry
• Storefront Bay
• Market Stall
GROUND STORY Sec. 4120.
J Ground story-height
Residential (min) 16' 16'
Non-residential (min) 16' 16'
K Ground-story elevation
Residential (min/max) 0'/2' 0'/2'
Non-residential (min/
max) 0'/2' 0'/2'
4-24 Zoning & Development Code | Pomona, California
Part 4 | Frontage Special Frontage Modules
DRAFT May 16, 2024
Sec. 460. Special Frontage Modules
The special Frontage Modules have few standards and allow for a high level of flexibility. These Frontage Modules are designed for civic and educational campuses and parkland. These Frontage Modules are intended for areas where pedestrian-friendly environments are prioritized but are be more internally focused within a larger campus.
4-25
Part 4 | Frontage
Pomona, California | Zoning & Development Code
Civic 1 (CV1)
DRAFT May 16, 2024
460.A. Civic 1 (CV1)
1. STREET ORIENTATION
A
B
Primary
Street
Side
Street
BUILD-TO Sec. 470.
Applicable stories (min) 1 1
A Build-to depth (max) 10' 10'
B Build-to width (min) 60% 40%
Pedestrian amenity
allowance n/a n/a
Active depth (min) n/a n/a
PARKING LOCATION Sec. 480.
Parking between building
and street
Not
allowed Allowed
LANDSCAPING Sec. 490.
Frontage planting area (min) 50% 50%
Frontage yard fence and
wall type allowed Type A3 Type A3
2. STREET-FACING FACADE
h
f
e
g
d
c
Primary
Street
Side
Street
TRANSPARENCY Sec. 4100.
C Ground story transparency 40% 20%
Upper story transparency n/a n/a
D Active wall spacing (max) 40' 60'
ENTRANCES Sec. 4110.
E Street-facing entrance Required n/a
F Entrance spacing (max) 75' 100'
Required Entry feature No No
GROUND STORY Sec. 4120.
G Ground story-height
Residential (min) 16' 16'
Non-residential (min) 16' 16'
H Ground-story elevation
Residential (min/max) 0'/2' 0'/2'
Non-residential (min/
max) 0'/2' 0'/2'
4-26
Part 4 | Frontage
Zoning & Development Code | Pomona, California
Civic 2 (CV2)
DRAFT May 16, 2024
460.B. Civic 2 (CV2)
1. STREET ORIENTATION
A
B
Primary
Street
Side
Street
BUILD-TO Sec. 470.
Applicable stories (min) 1 1
A Build-to depth (max) 10' 10'
B Build-to width (min) 50% 30%
Pedestrian amenity
allowance n/a n/a
Active depth (min) n/a n/a
PARKING LOCATION Sec. 480.
Parking between building
and street
Not
allowed Allowed
LANDSCAPING Sec. 490.
Frontage planting area (min) 50% 50%
Frontage yard fence and
wall type allowed Type A3 Type A3
2. STREET-FACING FACADE
H
F
E
G
D
C
Primary
Street
Side
Street
TRANSPARENCY Sec. 4100.
C Ground story transparency 30% 10%
Upper story transparency n/a n/a
D Active wall spacing (max) 70' 90'
ENTRANCES Sec. 4110.
E Street-facing entrance Required n/a
F Entrance spacing (max) 100' 150'
Required Entry feature Required No
Options • Recessed Entry
• Covered Entry
GROUND STORY Sec. 4120.
G Ground story-height
Residential (min) 16' 16'
Non-residential (min) 16' 16'
H Ground-story elevation
Residential (min/max) 0'/2' 0'/2'
Non-residential (min/
max) 0'/2' 0'/2'
4-27
Part 4 | Frontage
Pomona, California | Zoning & Development Code
Civic 3 (CV3)
DRAFT May 16, 2024
460.C. Civic 3 (CV3)
1. STREET ORIENTATION
A
B
Primary
Street
Side
Street
BUILD-TO Sec. 470.
Applicable stories (min) n/a n/a
A Build-to depth (max) n/a n/a
B Build-to width (min) n/a n/a
Pedestrian amenity
allowance n/a n/a
Active depth (min) n/a n/a
PARKING LOCATION Sec. 480.
Parking between building
and street n/a n/a
LANDSCAPING Sec. 490.
Frontage planting area (min) n/a n/a
Frontage yard fence and
wall type allowed n/a n/a
2. STREET-FACING FACADE
H
F
E
G
D
C
Primary
Street
Side
Street
TRANSPARENCY Sec. 4100.
C Ground story transparency n/a n/a
Upper story transparency n/a n/a
D Active wall spacing (max) n/a n/a
ENTRANCES Sec. 4110.
E Street-facing entrance n/a n/a
F Entrance spacing (max) n/a n/a
Required Entry feature n/a n/a
Options n/a
GROUND STORY Sec. 4120.
G Ground story-height
Residential (min) n/a n/a
Non-residential (min) n/a n/a
H Ground-story elevation
Residential (min/max) n/a n/a
Non-residential (min/
max) n/a n/a
4-28
Part 4 | Frontage
Zoning & Development Code | Pomona, California
Park (PK1)
DRAFT May 16, 2024
460.D. Park (PK1)
1. STREET ORIENTATION
Primary
Street
Side
Street
BUILD-TO Sec. 470.
Applicable stories (min) 1 1
Build-to depth (max) n/a n/a
Build-to width (min) n/a n/a
Pedestrian amenity
allowance n/a n/a
Active depth (min) n/a n/a
PARKING LOCATION Sec. 480.
Parking between building
and street Allowed Allowed
LANDSCAPING Sec. 490.
Frontage planting area (min) n/a n/a
Frontage yard fence and
wall type allowed Type A3 Type A3
2. STREET-FACING FACADE
A B
Primary
Street
Side
Street
TRANSPARENCY Sec. 4100.
Ground story transparency n/a n/a
Upper story transparency n/a n/a
Active wall spacing (max) n/a n/a
ENTRANCES Sec. 4110.
Street-facing entrance n/a n/a
Entrance spacing (max) n/a n/a
Required Entry feature No No
GROUND STORY Sec. 4120.
A Ground story-height
Residential (min) 10' 10'
Non-residential (min) 16' 16'
B Ground-story elevation
Residential (min/max) 0'/2' 0'/2'
Non-residential (min/
max) 0'/2' 0'/2'
DRAFT May 16, 2024 Pomona, California | Zoning & Development Code 4-29 Subpart 4C.
FRONTAGE RULES
Sec. 470. Build-To 4-30
470.A. Applicable Stories 4-30
470.B. Build-To Depth 4-31
470.C. Build-To Width 4-33
470.D. Pedestrian Amenity Allowance 4-37
470.E. Active Depth 4-39
Sec. 480. Parking Location 4-40
480.A. Parking Between Building and Street 4-40
Sec. 490. Landscaping 4-42
490.A. Frontage Planting Area 4-42
490.B. Frontage Yard Fence and Wall 4-43
Sec. 4100. Transparency 4-49
4100.A. Transparent Area 4-49
4100.B. Active Wall Spacing 4-53
Sec. 4110. Entrances 4-64
4110.A. Street-Facing Entrance 4-64
4110.B. Entry Feature 4-66
Sec. 4120. Ground Story 4-74
4120.A. Ground Story Height 4-74
4120.B. Ground Story Elevation 4-75
4-30 Zoning & Development Code | Pomona, California DRAFT May 16, 2024 Part 4 | Frontage Applicable Stories
Sec. 470. Build-To
470.A. Applicable Stories
The number of stories that are required to meet build-to standards.
1. Intent
To ensure that multi-story buildings locate both the ground story and a contextually appropriate number of upper stories along the street.
2. Applicability
Build-to applicable stories standards apply to all portions of buildings and structures required to satisfy a minimum build-to width requirement.
3. Standards
Where minimum applicable stories are required, build-to standards apply to the ground story and any additional story provided on a lot, up to, and including, the minimum build-to applicable stories.
Street
Street
Applicable Stories
Stories
Provided
Build-to Range
Applicable Stories
Build-to Range
Stories
Provided
4. Measurement
For measuring height in stories, see Sec. 390.A.4.b. (Height in Stories).
5. Relief
A reduction in number of applicable stories may be requested as a variance in accordance with Sec. 1170.E. (Variance).
DRAFT May 16, 2024 Pomona, California | Zoning & Development Code 4-31 Build-To Depth Part 4 | Frontage
470.B. Build-To Depth
The depth of the build-to zone. The build-to zone is the area on a lot starting at the minimum building setback and continuing inward for the maximum build-to depth for the full width of the lot. A building is required to occupy the build-to zone for the required minimum build-to width.
1. Intent
To ensure that multi-story buildings locate both the ground story and a contextually appropriate number of upper stories along the street.
2. Applicability
Build-to applicable stories standards apply to all portions of buildings and structures required to satisfy a minimum build-to width requirement.
3. Standards
a. The build-to zone must be no deeper than the maximum build-to depth specified by the applied Frontage Module. See Subpart 4B. (Frontage Modules).
b. Buildings must occupy the build-to zone for at least the minimum required build-to width. c. Once the minimum build-to width standard has been satisfied, buildings and structures may occupy the area behind the build-to zone.
d. On a corner lot where intersecting frontage lot lines have build-to requirements, a building must occupy the portion of the lot area where the build-to zones of the two intersecting frontage lot lines overlap, as described below:
1. The building must occupy the build-to zones for both frontage lot lines for a minimum of 30 feet from the corner. Distance is measured away from the corner, starting at the edge of the building occupying the area of overlap, parallel to the frontage lot line. This building width counts toward the required build-to width for both frontage lot lines.
2. This standard does not apply when a pedestrian amenity space occupies some portion of the area of overlap and is being used as a pedestrian amenity allowance. See Sec. 470.D. (Pedestrian Amenity Allowance).
Street
Build-to Zone
30’
Build-to Depth
30’
Build-to Depth
Area of
Overlap
4-32 Zoning & Development Code | Pomona, California DRAFT May 16, 2024 Part 4 | Frontage Build-To Depth
4. Measurement
a. The build-to depth is measured perpendicular to the primary or side street lot line starting from the minimum building setback and continuing inward away from the primary or side street lot line.
b. Where a lot includes an easement that abuts the primary or side street lot line and the easement is deeper than the minimum building setback, the applicant must measure the required build-to depth from the interior edge of the easement rather than the primary or side street lot line.
Street
Build-to Depth
Easement
Build-to Zone
Min Setback
5. Exceptions
See Sec. 470.D. (Pedestrian Amenity Allowance).
6. Relief
a. To preserve existing trees, the Development Services Director may grant relief from the maximum build-to depth, increasing the build-to depth a maximum of 30 feet for the minimum width necessary to protect the tree, pursuant to Sec. 1180.F. (Alternative Compliance). +30’
Build-to Range
Max Setback
Min Setback
b. A deviation from maximum build-to depth may be requested as a variance in accordance with Sec. 1170.E. (Variance).
DRAFT May 16, 2024 Pomona, California | Zoning & Development Code 4-33 Build-To Width Part 4 | Frontage
470.C. Build-To Width
The cumulative building width that must occupy the build-to zone, relative to the width of the lot at the primary or side street lot line.
1. Intent
To ensure that buildings enclose the public realm with a legible and consistent street wall, spatially defining an outdoor room, and promoting a strong visual and physical connection between uses inside buildings and the public realm.
2. Applicability
Build-to width standards apply to the following:
a. Where a minimum height is specified in the applied Form Module (Subpart 3B), build-to width applies to all above-grade stories up to the minimum height in stories standard in accordance with Sec. 390.A.4.b. (Height in Stories).
Street
Applicable Stories
Build-to
Range
Stories
Provided
Build-to Width
b. Where an applicable stories standard exists, build-to width applies to all stories located abovegrade up to the applicable stories.
Street
Applicable Stories
Build-to Range
Stories Provided
Build-to Width
4-34 Zoning & Development Code | Pomona, California DRAFT May 16, 2024 Part 4 | Frontage Build-To Width
c. Where both an applicable stories standard and a minimum height are specified, build-to width applies to whichever standard requires the greatest number of stories located in the build-to zone.
d. Where no applicable stories standard is specified in the applied Frontage Module (Subpart 4B.) and no minimum height standard is specified in the applied Form Module (Subpart 3B.), build-to width applies only to the ground story.
3. Standards
a. Buildings must occupy the build-to zone for a cumulative width no less than that specified by the applied Frontage Module (Subpart 4B.).
b. On a corner lot, a chamfered corner no more than 20 feet in width along primary and side street lot lines qualifies as building width in the build-to zone for all applicable stories even where it extends outside of the build-to zone. Chamfered corner width is measured parallel to the primary and side street lot lines.
Street
20’ Max
20’ Max
Build-to Range
c. Portions of building width providing motor vehicle access to a motor vehicle use area through the ground story of a building do not qualify as building width in the build-to zone.
Street
Building
Length
Building Length
Build-to Zone
DRAFT May 16, 2024 Pomona, California | Zoning & Development Code 4-35 Build-To Width Part 4 | Frontage
4. Measurement
The build-to width is a percentage measured as the sum of the widths of all portions of buildings occupying the build-to zone divided by the total lot width.
Street
B
Build-to Zone
Build-to Depth
Min Setback
A1
A2
CALCULATION
= Build-to Width A1+A2 (Building width in build-to range) B (Total Lot Width)
a. Building width is measured parallel to the primary and side street lot lines. For measuring building width on a complex lot, see Sec. 1200.P. (Irregular Lot Line). b. Lot width is measured along the primary and side street lot lines. For measuring width of a complex lot, see Sec. 1200.P. (Irregular Lot Line).
5. Exceptions
a. Outdoor amenity spaces meeting the design standards for pedestrian amenity space (Sec. 380.B.4.) count toward required minimum build-to width in accordance with Sec. 470.D. (Pedestrian Amenity Allowance).
b. A building break that includes an open space meeting the design standards for pedestrian amenity space in Sec. 380.B.4. (Pedestrian Amenity Space) counts toward the minimum buildto width required by the applied Frontage Module (Subpart 4B.) according to Sec. 470.D. (Pedestrian Amenity Allowance).
4-36 Zoning & Development Code | Pomona, California DRAFT May 16, 2024 Part 4 | Frontage Build-To Width
c. Where vehicle access is permitted, but access prevents a building from achieving the required build-to width, a reduced build-to width may be allowed if the portion of the lot in the build-to zone used for vehicle access is no wider than the minimum required drive aisle width plus an additional 4 feet of width for clearance. See Sec. 610.A.5. (Driveway Design).
Street
Building Width
Required Build-to Width
+2’
+2’ Min Width Allowed
6. Relief
A reduced minimum build-to width may be requested as a variance in accordance with Sec. 1170.E. (Variance).
DRAFT May 16, 2024 Pomona, California | Zoning & Development Code 4-37 Pedestrian Amenity Allowance Part 4 | Frontage
470.D. Pedestrian Amenity Allowance
The width of pedestrian amenity space in the build-to zone that is allowed to count toward the build-to width requirement.
1. Intent
To promote the creation of active, human-scaled outdoor spaces as an extension of the sidewalk, providing visual interest and vitality to the amenity space and public realm. The pedestrian amenity allowance provides flexibility to building and site design while maintaining standards essential for ensuring all projects contribute to defining a consistent and legible street wall.
2. Applicability
Pedestrian amenity build-to modification standards apply to the following:
a. Portions of buildings or structures required to meet the build-to width standard in Sec. 470.C. (Build-To Width), including all build-to applicable stories; b. Pedestrian amenity space facing facades (Sec. 1200.I.4.); and c. Portions of the lot between the building and the primary and side street lot lines for the width of the pedestrian amenity space provided.
3. Standards
Where allowed, pedestrian amenity spaces may be provided as a substitute for a portion of the required build-to width for the maximum percentage of the lot width allowed by the applied Frontage Module (Subpart 4B), provided they meet the following standards:
a. Meets the standards of Sec. 380.B.4. (Pedestrian Amenity Space). b. Pedestrian amenity spaces may be wider than the maximum allowed pedestrian amenity allowance, however, any part of the pedestrian amenity space width that exceeds the allowed pedestrian amenity allowance does not count toward the required building width in the build-to zone.
4-38 Zoning & Development Code | Pomona, California DRAFT May 16, 2024 Part 4 | Frontage Pedestrian Amenity Allowance
c. A minimum of 85% of the pedestrian amenity space perimeter must abut either a lot line or a facade meeting the standards of the applied Frontage Module (Subpart 4B.) specified for the abutting primary and side street lot lines. Where the pedestrian amenity space abuts multiple primary and side street lot lines, the standards specified for the primary or side street lot line that abuts the pedestrian amenity space for the greatest length applies.
Street
Adjacent
Building
Frontage
Lot Line
Frontage
Pedestrian
Amenity
Space
Lot Line
85% Min
Plaza:
Street
Frontage
Frontage
Pedestrian
Amenity
Space
Lot Line
Lot Line
Paseo:
85% Min
4. Measurement
Pedestrian amenity allowance is measured as the cumulative width of pedestrian amenity spaces occupying the build-to zone provided as a substitute for required building width in the build-to zone, divided by the required build-to width.
Street
FORMULA
= Pedestrian Amenity
Allowance (%)
A (Width of Pedestrian Amenity Space
Counting as Build-to Width)
B (Required Build-to Width)
Pedestrian
Amenity
Space
Build-to Range
A
B
a. Pedestrian amenity space width is measured parallel to the primary and side street lot lines. For measuring width of a complex pedestrian amenity space, see Sec. 1200.P. (Irregular Lot Line). b. For measuring the required build-to width, see Sec. 470.C. (Build-To Width).
5. Relief
A reduced minimum build-to width may be requested as a variance in accordance with Sec. 1170.E. (Variance).
DRAFT May 16, 2024 Pomona, California | Zoning & Development Code 4-39 Active Depth Part 4 | Frontage
470.E. Active Depth
The horizontal depth of a building that must contain habitable space.
1. Intent
To help minimize the impact of dead space on the public realm and to promote a comfortable, safe, engaging and attractive built environment with active uses along the public realm.
2. Applicability
a. The active depth requirement applies to all portions of a building used to meet build-to requirements. See Sec. 470. (Build-To).
b. The active depth requirement applies to all applicable stories, See Sec. 470.A. (Applicable Stories).
3. Standards
a. Applicable portions of a building must provide the minimum active depth required by the zoning district.
b. No more than 20% of the floor area of the required active depth can be used for inactive uses such as storage, hallways, stairwells, elevators, and equipment rooms. c. Parking and motor vehicle use areas are not allowed in any portion of the required active depth.
4. Measurement
Active depth is measured from the front building facade inward to the interior of the building.
Active Depth (min)
5. Relief
A decreased active depth beyond 10% may be requested as a variance in accordance with Sec. 1170.E. (Variance).
4-40 Zoning & Development Code | Pomona, California DRAFT May 16, 2024 Part 4 | Frontage Parking Between Building and Street
Sec. 480. Parking Location
480.A. Parking Between Building and Street
The location of parking and motor vehicle use areas between a building and the public realm.
1. Intent
To control the impact of motor vehicle-dominated areas on the pedestrian experience especially where buildings do not line the majority of the public realm, and to promote a comfortable, safe, engaging, and attractive streetscape, with pedestrian access to active uses and landscaping between the public realm and street-oriented buildings.
2. Applicability
Where specified by the applied Frontage Module (Subpart 4B.), parking between the building and the street requirements apply to frontage yards and frontage applicable building depth (Sec. 410.B.3.d.).
3. Standards
a. Where the applied Frontage Module (Subpart 4B.) specifies "Not allowed":
1. A motor vehicle use area must not be located between a building that occupies the buildto zone and the applicable street lot line, for the portion of the building width provided to comply with a build-to width requirement.
2. A motor vehicle use area must not be located on the ground story of a building or structure within the frontage applicable building depth for the portion of the building width provided to comply with a build-to width requirement.
b. Where the applied Frontage Module (Subpart 4B.) specifies "Allowed", no additional limitations to the location of motor vehicle use areas are required to comply with parking between the building and street standards.
DRAFT May 16, 2024 Pomona, California | Zoning & Development Code 4-41 Parking Between Building and Street Part 4 | Frontage
4. Measurement
a. The area between a building width and the street is determined as the entire area on a lot bordered by the applicable street lot line-facing facade (Sec. 410.B.3.b.1.) and street lot line, for the applicable building width. For corner lots, the area between the building and the street also includes the portion of the lot beyond the width of the building nearest to the intersection, up to the intersecting street lot line.
Min.
Build-to Width
Min. Build-to Width
Min.
Build-to Width
Min.
Build-to Width
Primary Street
Primary Street
S di e Street
Irregular Lot Line
Corner Lot
b. For measuring building width see Sec. 390.B.4. (Measurement). c. For frontage lot line-facing, see Sec. 1200.E. (Facing Facades). d. For street lot line-facing facade, see Sec. 1200.E.2. (Street Lot Line-Facing Facade).
5. Exceptions
A driveway located between a street lot line-facing building facade and the frontage lot line may be allowed provided the driveway is no wider than the minimum allowed width. See Sec. 610.A.5. (Driveway Design).
6. Relief
Modifications to parking between building and street standards may be requested as a variance in accordance with Sec. 1170.E. (Variance).
4-42 Zoning & Development Code | Pomona, California DRAFT May 16, 2024 Part 4 | Frontage Frontage Planting Area
Sec. 490. Landscaping
490.A. Frontage Planting Area
The area in a frontage yard designated and designed for plants.
1. Intent
To support a comfortable, attractive, and contextually appropriate streetscape along the public realm, while promoting infiltration, slowing stormwater runoff, and offsetting urban heat island effect.
2. Applicability
a. Frontage planting area standards apply to frontage yards. See Sec. 1200.H.1. (Frontage Yard). b. Where there is less than 3 feet between the building and the frontage lot line, planting area standards are not applicable.
3. Standards
a. Each Frontage yard must provide a cumulative area of no less than the planting area required by the applied Frontage Module (Subpart 4B.).
b. All required planting areas must meet Sec. 620.F.3.c. (Planting Areas).
4. Measurement
a. Frontage planting area is measured as a percentage calculated as the cumulative planting area located in a frontage yard divided by the total frontage yard area. b. For frontage yard designation see Sec. 1200.H.1. (Frontage Yard).
5. Relief
a. Frontage planting area standards may be met through alternative compliance in accordance with Sec. 1180.F. (Alternative Compliance).
b. A reduction in required planting area may be requested as a variance in accordance with Sec. 1170.E. (Variance).
DRAFT May 16, 2024 Pomona, California | Zoning & Development Code 4-43 Frontage Yard Fence and Wall Part 4 | Frontage
490.B. Frontage Yard Fence and Wall
Fences, walls, and hedges allowed in a frontage yard.
1. Intent
To balance the needs for human-scale activation and visual interest along the public realm, and to provide security and privacy for private ground story uses in a manner appropriate to context.
2. Applicability
All fences, walls or hedges located in a frontage yard. For retaining walls see Sec. 620.F. (Retaining Walls).
3. Standards
a. General
1. Allowed frontage yard fence and wall types (Sec. 490.B.3.b.) are hierarchical. Where a frontage yard fence and wall type with a higher number designator is allowed by the applied Frontage Module (Subpart 4B.), all frontage yard fence and wall types having a lower number designator are also allowed. For example, if a Type A2 is allowed a Type A1 is also allowed.
2. A frontage yard fence and wall type with a greater number designator than the allowed frontage yard fence and wall type must not be located in the frontage yard. For example, if an A3 is allowed, an A4 is not allowed.
3. Where a required frontage screen (Sec. 620.C.) includes a wall or fence, the required fence or wall located in the frontage yard must comply with the allowed frontage yard fence and wall standards specified by the applied Frontage Module (Subpart 4B.).
4. All fences and walls including their sub-grade elements, such as footings or foundation, must be located on-site and offset 3 feet from any street lot line for utility access.
5. All fences and walls provided must include the necessary gates or openings, that meet minimum ADA pathway widths, to comply with the applicable pedestrian access package standards in Sec. 610.B.3. (Site Access Packages).
6. All fences and walls provided must comply with Sec. 620.E.3.c. (Design and Installation).
7. All hedges provided must comply with Sec. 620.F. (Planting Standards). 4-44
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Frontage Yard Fence and Wall
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b. Frontage Yard Fence and Wall Types
A package of standards, specified by the applied Frontage Module (Subpart 4B), that applies to fences, walls, and hedges located in a frontage yard.
1. Type A1
Intended for frontage yards where buildings should
engage directly with the public realm to provide
visual interest and activation, especially where
ground story uses are commercial or non-fenced
frontage yards are predominant.
Street
DIMENSIONAL STANDARDS Sec. XX
Hedge height (max) Not allowed
Fence/wall height (max) Not allowed
2. Type A2
Intended for frontage yards where the need for visual
interest and activation along the public realm must
be balanced with the need for separation between
private ground story uses and the public realm.
Street
A
DIMENSIONAL STANDARDS Sec. XX
Hedge height (max) 3'
Fence/wall
A Height (max) 3'
B Street lot line setback (min) 3'
4-45
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Pomona, California | Zoning & Development Code
Frontage Yard Fence and Wall
DRAFT May 16, 2024
3. Type A3
Intended for frontage yards where the need for visual
interest and activation along the public realm must
be balanced with the need for security between
private ground story uses and the public realm.
Street
A
C D
DIMENSIONAL STANDARDS Sec. XX
Hedge height (max) 4.5'
Fence/wall
A Height (max) 4.5'
B Street lot line setback (min) 3'
C Opacity below 3' in height (max) 100%
D Opacity 3' and above in height
(max) 50%
4. Type A4
Intended for frontage yards in areas with high
pedestrian and automobile traffic, where visual
interest and activation along the public realm is less
critical than the need to mitigate impacts from the
public realm on private ground story uses.
Street
A
DIMENSIONAL STANDARDS Sec. XX
Hedge height (max) 6'
Fence/wall
A Height (max) 4.5'
B Street lot line setback (min) 3'
4-46
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Zoning & Development Code | Pomona, California
Frontage Yard Fence and Wall
DRAFT May 16, 2024
5. Type A5
Intended for frontage yards in areas with high
pedestrian and automobile traffic, where visual
interest and activation along the public realm is less
critical than the need to mitigate intrusions from the
public realm on private ground story uses.
Street
A
DIMENSIONAL STANDARDS Sec. XX
Hedge height (max) 8'
Fence/wall
A Height (max) 8'
B Street lot line setback (min) 3'
DRAFT May 16, 2024 Pomona, California | Zoning & Development Code 4-47 Frontage Yard Fence and Wall Part 4 | Frontage
4. Measurement
a. Frontage Yard
For frontage yard designation see Sec. 1200.H.1. (Frontage Yard). b. Fence and Wall Height
1. Where a public sidewalk is located within 5 feet of a wall or fence, height is measured vertically from the topmost point of the wall or fence to the adjacent public sidewalk.
Height
Top
Sidewalk
2. Where no sidewalk exists within 5 feet of a wall or fence, height is measured vertically from the topmost point of the wall or fence to the finished grade at the base of the wall or fence on the side that faces outward from the lot.
3. For the measurement of retaining walls see Sec. 620.G. (Retaining Walls). c. Hedge Height
Hedge height is measured according to Sec. 620.F.4.c. (Height at Maturity). d. Opacity
For measurement of opacity, see Sec. 1200.O. (Opacity). e. Exceptions
Fences and walls located in a frontage yard may integrate outdoor lighting, entry arbors, and other accessory encroaching vertical elements that exceed the maximum fence/wall height specified by the applicable frontage yard fence and wall type, provided the following:
1. The cumulative length of fence or wall that includes encroaching elements is no more than 10% of the total fence length located in the frontage yard.
2. An individual encroaching element must not be wider than 6 feet, measured along the length of the fence or wall.
3. One encroaching element for each 40 feet of fence length may exceed the maximum fence and wall height by up to 40 inches. All other encroaching elements must only exceed the maximum fence and wall height up to 18 inches.
4-48 Zoning & Development Code | Pomona, California DRAFT May 16, 2024 Part 4 | Frontage Frontage Yard Fence and Wall
f. Relief
A deviation from any allowed frontage yard fence and wall type standard may be requested as a variance in accordance with Sec. 1170.E. (Variance).
DRAFT May 16, 2024 Pomona, California | Zoning & Development Code 4-49 Transparent Area Part 4 | Frontage
Sec. 4100. Transparency
4100.A. Transparent Area
The amount of transparent area on a building facade.
1. Intent
To provide visual interest along the public realm by encouraging visual connections between the public realm and the interior of a building.
2. Applicability
Transparency standards apply to all portions of a building used to meet build-to requirements. See Sec. 470. (Build-To).
3. Standards
a. Each applicable facade must provide no less than the minimum transparency specified by the applied Frontage Module (Subpart 4B.).
b. Window and door openings that meeting the following requirements count toward transparent area:
1. Walls, shelving, facade screens, or other interior or exterior visual obstructions must not be located within 5 feet of any ground story transparent area. Exterior visual obstructions must not be located within 5 feet of any upper story transparent area. Distance from transparent area is measured perpendicular to the exterior face of the transparent area. Visual obstructions may be located 5 feet or greater from facade area counting toward transparent area, with the exception of those visual obstructions allowed in Sec 4100.A.3.b.2.
A
A
B
B
>5’
Section B
<5’
Section A
4-50 Zoning & Development Code | Pomona, California DRAFT May 16, 2024 Part 4 | Frontage Transparent Area
2. The following visual obstructions may be located less than 5 feet from facade area counting toward transparent area:
i. Windows obscured by interior security gates and window displays may count toward transparent area, provided no more than 25% of the transparent area of any individual window is visually obstructed for any individual window counting toward transparent area. For measuring visual obstruction, see Sec. 1200.O. (Opacity). < 25%
Visual Obstruction < 25%Visual Obstruction
Window Display Interior Security Gate
> 25% Visual Obstruction
> 25% Visual Obstruction
Window Display Interior Security Gate
ii. Windows obscured by fixed exterior facade screens may count toward transparent area, provided no more than 25% of the total transparent area is visually obstructed for any individual window opening counting toward transparent area. Percentage of visual obstruction is measured as opacity (Sec. 1200.O.).
iii. Transparent area covered by window signs may count toward transparent area provided the window signs are permitted in Site (Part 6).
iv. Areas of transparency may be made temporarily opaque by operable window treatments, such as curtains or blinds, located within the conditioned space.
3. To be considered transparent, window and door glazing must meet the following requirements based on the manufacturer's specifications:
TRANSPARENT AREA STANDARDS
Visible Light
Transmittance
External
Reflectance
Ground story More than 60% Less than 20%
Upper stories More than 30% Less than 40%
DRAFT May 16, 2024 Pomona, California | Zoning & Development Code 4-51 Transparent Area Part 4 | Frontage
4. Muntins, mullions, window sashes, window frames, and door frames, no more than 3 inches wide may be considered transparent area when contained within a window opening or door opening occupied by a window or glazed door assembly where all included glazing meets the transparent area requirements above.
Bulkhead
Glazing
Window Sash
Rail
Sill
> 3”
Door Frame
Window Frame
< 3”
Trim
4. Measurement
a. Ground Story
1. Ground story transparency is measured as a percentage, calculated as the sum of all ground story facade area meeting the standards for transparent area divided by the total ground story facade area.
2. For the purpose of calculating ground story transparency, ground story facade area is measured in the following ways:
i. Ground story facade area is measured as the above-grade facade area between 0 and 12 feet above the top of the finished floor of the ground story. 0’
12’
Finished Ground Floor
Ground Story
Facade Area
0’
12’
ii. If the ground story height is less than 12 feet, the ground story facade area is measured as the total above-grade portion of a facade between the top of the finished floor of the ground story and the top of the finished floor above. When there is no story above, ground story height is measured to the top of the uppermost surface of the ceiling structure above.
4-52 Zoning & Development Code | Pomona, California DRAFT May 16, 2024 Part 4 | Frontage Transparent Area
iii. No portion of a ground story located below finished grade is included in ground story facade area.
0’
12’
0’
12’
Finished Ground Floor
Finished Ground Floor
Ground Story
Facade Area
Ground Story
Facade Area
Finished Grade
b. Upper Stories
1. Each upper story facade must meet the required transparency standard independently. All facade area associated with an upper story having the same story designation (for example:
4th story) is considered part of the same upper story facade.
2. Upper story transparency is measured as a percentage, calculated as the sum of all facade area meeting the standards for transparency divided by the total applicable facade area for each story.
3. For the purpose of calculating upper story transparency, upper story facade area is measured as the portion of a facade area between the top of the finished floor for that story to the top of the finished floor above, regardless of story height. When there is no story above, it is measured to the top of the uppermost surface of the ceiling structure above.
Finished Floor
Upper Story
Facade Area
Finished Floor
5. Relief
A deviation from required transparency standards may be requested as a variance in accordance with Sec. 1170.E. (Variance).
DRAFT May 16, 2024 Pomona, California | Zoning & Development Code 4-53 Active Wall Spacing Part 4 | Frontage
4100.B. Active Wall Spacing
The distance between widths of ground story facade and foundation wall with window or door openings.
1. Intent
To provide visual interest and activation along the public realm by limiting the area without visual or physical connections between the public realm and the interior of a building.
2. Applicability
Active wall spacing standards apply to the following facades:
a. All portions of ground story frontage applicable facades (Sec. 410.B.3.b.) located between 3 feet and 8 feet from the ground floor elevation measured vertically.
Applicable
Not Applicable
Not Applicable 3’
Finished Ground Floor
8’
b. All portions of foundation walls on frontage applicable facades (Sec. 410.B.3.b.) that are exposed 4 feet in height or greater above sidewalk grade are applicable. If foundation walls are set back more than 10 feet from a sidewalk, exposed height is measured from the lowest elevation of finished grade within 5 feet, measured from and perpendicular to the foundation wall.
Applicable Not Applicable
4’
4’
Sidewalk
Finished Ground Floor
c. Active wall spacing standards do not apply to upper story facades. 4-54 Zoning & Development Code | Pomona, California DRAFT May 16, 2024 Part 4 | Frontage Active Wall Spacing
3. Standards
a. Active Wall Spacing on Ground Story Facade
Window and door openings meeting Sec. 4100.A. (Transparent Area) on ground story facades must be separated by a distance no greater than the maximum active wall spacing. For exceptions to this standard, see Sec. 4100.B.5. (Exceptions). b. Active Wall Spacing on Foundation Wall
Applicable portions of foundation walls must be no wider than the maximum active wall spacing.
For exceptions to this standard, see Sec. 4100.B.5. (Exceptions).
4. Measurement
a. Active Wall Spacing on Ground Story Facade
Active wall spacing is measured horizontally and parallel to the primary and side street lot lines from edge of transparent area to edge of transparent area, and edge of transparent area to edge of ground story facade.
Active Wall Spacing
b. Active Wall Spacing on Foundation Wall
Active wall spacing is measured horizontally for any individual width of applicable foundation wall that does not include transparent area.
Active Wall Spacing
DRAFT May 16, 2024 Pomona, California | Zoning & Development Code 4-55 Active Wall Spacing Part 4 | Frontage
5. Exceptions
a. General
1. Ground story facades that exceed the maximum allowed active wall spacing may apply one or more ground story inactive wall treatment options to the applicable facade area between door or window openings and increase the active wall spacing by 50%. See Sec. 4100.B.5.b. (Ground Story Inactive Wall Treatment Options).
2. Facades designed with foundation walls that exceed the maximum allowed active wall spacing may apply one or more inactive foundation wall treatments to the facade area between active foundation walls and double the allowed active wall spacing. See Sec. 4100.B.5.c. (Foundation Inactive Wall Treatment Options).
3. All required plants must meet the requirements in the following tables and also comply with Sec. 620.F. (Planting Standards).
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b. Ground Story Inactive Wall Treatment Options
Permanent design improvements located between segments of ground story active wall and the public realm, designed to improve visual interest and the pedestrian experience.
1. Small Trees
Small trees planted between a ground story facade
with no window or door openings and the public
realm.
A
B C
DIMENSIONAL STANDARDS Sec. XX
A Treatment width (min portion of
inactive wall) 100%
Tree type Small
species
B Planting frequency (min avg.) 5 per 100'
C Planting area depth (min) 7'
See Sec. 620.F. (Planting Standards) for additional
standards
2. Large Trees
Large trees planted between a ground story facade
with no window or door openings and the public
realm.
A
B C
DIMENSIONAL STANDARDS Sec. XX
A Treatment width (min portion of
inactive wall) 100%
Tree type Large
species
B Planting frequency (min avg.) 3 per 100'
C Planting area depth (min) 15'
See Sec. 620.F. (Planting Standards) for additional
standards
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3. Living Wall
A permanently fixed assembly located between
a ground story facade with no window or door
openings and the public realm that supports plants,
their growing medium, and irrigation.
A
DIMENSIONAL STANDARDS Sec. XX.
A Treatment area (min % of ground
story facade with inactive walls) 75%
Planting area depth (min) n/a
See Sec. 620.F. (Planting Standards) for additional
standards
4. Colonnade
A sequence of columns located between a ground
story facade with no window or door openings and
the public realm, providing an exterior occupiable
space along the inactive wall.
A
B C
DIMENSIONAL STANDARDS Sec. XX.
A Treatment width (min portion of
inactive wall) 100%
B Column spacing (min) 4x column
diameter
C Clear depth (min) 6'
Enclosure (max) 60%
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5. Mural
An original artwork mural located between a ground
story facade with no window or door openings and
the public realm.
A
DIMENSIONAL STANDARDS Sec. XX.
A Treatment area (min % of ground
story facade with inactive walls) 75%
Murals are not allowed on primary street facades,
and must be approved by the Cultural Arts
Commission.
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c. Foundation Inactive Wall Treatment Options
Permanent design improvements located between exposed foundation walls and the public realm, designed to improve visual interest and the pedestrian experience.
1. Foundation Planting
Screening plants located between a foundation wall
with no window or door openings and the public
realm.
A
DIMENSIONAL STANDARDS Sec. XX
A Treatment width (min portion of
inactive wall) 75%
Plant type Screening
Plant
Planting frequency (min avg.) 3 per 10'
Planting area depth (min) 3'
See Sec. 620.F. (Planting Standards) for additional
standards.
2. Planter
Permanent structure containing plants and their
growing medium located between a foundation wall
with no window or door openings and the public
realm.
B
A
C
DIMENSIONAL STANDARDS Sec. XX
A Treatment width (min) 75%
Plant coverage (min) 75%
Planting area depth (min) 2.5'
B Height above sidewalk (max) 4'
C Foundation wall reveal (max) 2'
See Sec. 620.F. (Planting Standards) for additional
standards.
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3. Green Wall
A structure permanently attached to a foundation
wall with no window or door openings that supports
climbing plants.
A
DIMENSIONAL STANDARDS Sec. XX
A Treatment area (min) 75%
Planting area depth (min) 1.5'
See Sec. 620.F. (Planting Standards) for additional
standards
4. Pedestrian Access
Stairs or ramps providing pedestrian access to a
street-facing entrance located between a foundation
wall with no window or door openings and the
public realm.
A
B
DIMENSIONAL STANDARDS Sec. XX
A Treatment width (min) 75%
B Height above sidewalk (max) 4'
Additional access standards See Sec. XX.
See Sec. 610.B. (Pedestrian Access) for additional
standards
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5. Seating
A permanent structure designed and intended for
public seating located between a foundation wall
with no window or door openings and the public
realm.
A
B
C B
DIMENSIONAL STANDARDS Sec. XX
A Treatment width (min) 75%
B Height above sidewalk (min/max) 1.5'/3'
C Foundation wall reveal (max) 3'
Seat depth (min) 2'
4-62 Zoning & Development Code | Pomona, California DRAFT May 16, 2024 Part 4 | Frontage Active Wall Spacing
d. Inactive Wall Treatment Measurement
1. Treatment Width
Minimum treatment width is measured as a percentage, calculated as the cumulative width of the provided inactive wall treatments divided by the total width of the provided active wall spacing.
2. Treatment Area
Minimum treatment area is measured as a percentage, calculated as the cumulative area of the provided inactive wall treatments divided by the total applicable facade area within the provided active wall spacing.
3. Tree Type
Tree type is measured as small species or large species according to Sec. 620.F.3.d.1. (Trees).
4. Plant Type
Plant type is measured as screening plants, groundcover, and turf plants, hedges, living walls, or climbing plants according to Sec. 620.F. (Planting Standards).
5. Plant Frequency
Planting frequency is measured as a ratio of the minimum number of plants required over a specified width of active wall spacing. A minimum of one plant of the required plant type must be provided regardless of the width of inactive wall treatment. For measuring frequency, see Sec. 1200.L. (Frequency).
6. Column Frequency
Minimum column frequency is measured as a ratio of the minimum number of columns required over a specified width of treated inactive wall treatment. A minimum of two columns must be provided regardless of the inactive wall treatment width. For measuring frequency, see Sec. 1200.L. (Frequency).
7. Planting Area Depth
Minimum planting area depth is measured as the horizontal dimension of growing medium at the narrowest point, measured perpendicular to the applicable street lot line. The planting area must be open to the sky for at least the required planting area depth.
8. Clear Depth
Minimum clear depth is measured as the horizontal dimension of the occupiable portion of an architectural element at the narrowest point.
DRAFT May 16, 2024 Pomona, California | Zoning & Development Code 4-63 Active Wall Spacing Part 4 | Frontage
9. Height Above Sidewalk
i. Height above sidewalk is measured vertically from adjacent sidewalk grade to the topmost point of the inactive wall treatment.
ii. For foundation walls located more than 10 feet from a sidewalk, maximum height above sidewalk is measured from the lowest elevation of finished grade within 5 feet, measured from and perpendicular to the foundation wall, to the topmost point of the inactive wall treatment.
10. Foundation Wall Reveal
Foundation wall reveal is measured vertically from the top of an inactive wall treatment to the ground floor elevation along the entire treated portion of an inactive foundation wall.
11. Seat Depth
Minimum seat depth is measured as the narrowest horizontal dimension of the area designed for public seating.
12. Enclosure
Maximum enclosure is measured according to Sec. 1200.G. (Enclosure).
6. Relief
a. Deviation from inactive wall treatment standards may be requested in accordance with Sec. 1180.F. (Alternative Compliance).
b. An increase in allowed active wall spacing and inactive wall treatment standards may be requested as a variance in accordance with Sec. 1170.E. (Variance). 4-64 Zoning & Development Code | Pomona, California DRAFT May 16, 2024 Part 4 | Frontage Street-Facing Entrance
Sec. 4110. Entrances
4110.A. Street-Facing Entrance
A door providing access from the public realm to the interior of a building.
1. Intent
To provide visual interest along the public realm, orient buildings to the public realm, and promote greater use and activation of the public sidewalk by limiting the width of frontage without physical connections between the public realm and the interior of a building.
2. Applicability
Street-facing entrance standards apply to all portions of buildings and structures where frontage standards apply. See Sec. 410.B.3.b. (Frontage Applicable Facades).
3. Standards
a. General
To qualify as a street-facing entrance, building entrances must meet the following standards:
1. Located on the ground story facade.
2. Provide both ingress and egress pedestrian access to the ground story of the building.
3. Remain operable at all times. Access may be controlled and limited to residents or tenants.
4. Must not provide access directly to motor vehicle use areas, utility areas or fire stairs.
5. The exterior door surface must be angled between 0 to 45 degrees, measured parallel to the street lot line or the door must have direct access from an entry feature allowed by the applied Frontage Module (Subpart 4B) having a pedestrian access point which faces the street lot line.
Entry
Feature
>60
Degrees
Degrees
0 (min)
6. The exterior door must open in a manner that does not encroach into the public right-ofway.
7. Non-required entrances are allowed in addition to required entrances.
DRAFT May 16, 2024 Pomona, California | Zoning & Development Code 4-65 Street-Facing Entrance Part 4 | Frontage
b. Entrance Spacing
The distance between street-facing entrances meeting the standards of Sec. 4110.A.3a.
1. Measurement
Maximum entrance spacing is the greatest horizontal distance from edge of door to edge of door, and edge of door to edge of building, measured parallel to the street lot line.
2. Standards
i. Street-facing entrances must not be separated by a distance greater than the maximum allowed entrance spacing.
ii. The maximum entrance spacing requirements must be met for each building individually, but are not applicable to adjacent or abutting buildings.
Street
Entrance
Spacing
(max)
Entrance
Spacing
(max)
Entrance
Spacing
(max)
No Entrance
Spacing
4. Measurement
Street-facing entrance is measured as provided or not provided based on the presence of entrances meeting the standards of Sec. 4110.A.3.a.
5. Relief
a. Deviation from street facing entrance standards may be requested in accordance with Sec. 1180.F. (Alternative Compliance).
b. Deviation from street-facing entrance and entrance spacing standards may be requested as a variance in accordance with Sec. 1170.E. (Variance).
4-66 Zoning & Development Code | Pomona, California DRAFT May 16, 2024 Part 4 | Frontage Entry Feature
4110.B. Entry Feature
Improved design standards applied to each entrance along the public realm.
1. Intent
To provide architectural embellishment of entrances to promote inconspicuous wayfinding in the public realm, provide greater shelter and comfort to users, promote visual interest along the public realm, and highlight the connection between the public and private realm to improve walkability.
2. Applicability
Entry feature standards apply to all required street-facing entrances where entry features are required by the applied Frontage Module (Subpart 4B).
3. Standards
a. General
1. Each required street-facing entrance must include an entry feature meeting the standards for one of the allowed entry features options specified by the applied Frontage Module (Subpart 4B).
2. Required entry features must abut and provide direct access to a street-facing entrance.
3. Required entry features must provide direct access from the public realm associated with the street lot line.
4. Required entry features must not encroach within the public right-of-way. 4-67
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b. Entry Feature Options
Packages of design standards applied to each entrance along the public realm.
1. Porch
A wide, at-grade or raised platform, projecting in
front of a street-facing entrance, that is entirely
covered but not enclosed.
B
C
A
DIMENSIONAL STANDARDS Sec. XX
A Depth (min) 4.5'
B Width (min) 30%
Covered area (min) 100%
D Finished floor elevation (min/max) 0'/5'
Enclosure (max) 50%
2. Stoop
An at-grade or raised platform accessed from an
exterior walkway, providing covered access to a
street-facing entrance.
B A
C
DIMENSIONAL STANDARDS Sec. XX
A Depth (min) 3'
B Width (min) 4'
Covered entrance Required
D Finished floor elevation (min/max) 0'/5'
Enclosure (max) 50%
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3. Forecourt
A yard screened with a short wall, fence or hedge
that provides significant privacy for tenants located
on the ground story, near sidewalk grade.
B A
C
DIMENSIONAL STANDARDS Sec. XX
A Depth (min) 8'
B Width (min) 10'
Covered entrance Required
C Finished floor elevation (min/max) 0'/5'
Fence or wall height (min/max) 2.5'/4'
4. Recessed Entry
A space set behind the building face plane providing
sheltered access to a street-facing entrance.
B A
C
DIMENSIONAL STANDARDS Sec. XX
A Depth (min/max) 3'/15'
B Width (min) 5'
Covered entrance Required
C Finished floor elevation (min/max) 0'/5'
Enclosure (max) 75%
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5. Covered Entry
A space that provides sheltered access to an atgrade street-facing entrance with an overhead projecting structure.
B
A
DIMENSIONAL STANDARDS Sec. XX
A Covered entrance Required
B Finished floor elevation (min/max) 0'/2'
Enclosure (max) 50%
6. Storefront Bay
A facade area with a high level of contiguous
transparency accentuating an at-grade street-facing
entrance.
B
C
D A
DIMENSIONAL STANDARDS Sec. XX
A Height (min) 9'
B Width (min) 8'
C Finished floor elevation (min/max) 0'/2'
D Transparency (min) 90%
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7. Market Stall
A facade area equipped with an overhead door or
operable facade that is open to the public realm
during hours of operation.
B
C
A
DIMENSIONAL STANDARDS Sec. XX
A Height (min) 7'
B Width (min) 6'
C Finished floor elevation (min/max) 0'/2'
A market stall does not count toward
transparency unless it meets the standards for
transparency area when shut.
DRAFT May 16, 2024 Pomona, California | Zoning & Development Code 4-71 Entry Feature Part 4 | Frontage
4. Measurement
a. General
1. Entry feature is measured as provided or not provided for each required street-facing entrance based on whether the design of a street-facing entrance meets the standards of an allowed entry feature specified by the applied Frontage Module (Subpart 4B.).
2. For the purpose of complying with entry feature standards, outdoor spaces like landings and yards required by an entry feature count as occupiable space. b. Depth
Minimum depth is measured as the horizontal dimension where the occupiable portion of the entry feature is at its narrowest, measured perpendicular to the applicable street lot line. c. Width
1. When specified in feet, width is measured as the width the facade area meeting the applicable entry feature standards or the clear width of the occupiable exterior area immediately abutting the associated street-facing entrance, whichever is narrowest, as measured parallel to the applicable street lot line.
2. When specified as a percentage, width is measured as the total width of the entry feature divided by the total width of the building that the entry provides access to, measured parallel to the applicable street lot line. For measuring building width, see Sec. 390.B.4. (Building Width Measurement).
3. Where a minimum width and height are specified, the entry feature standards must be met for a rectangular portion of a facade having a width no less than the minimum width and a height no less than the minimum height.
4. Where a minimum width and depth are specified, the entry feature standards must be met for a rectangular area of occupiable space having a width no less than the minimum width and a depth no less than the minimum depth.
d. Height
1. Height is measured vertically from the finished floor elevation or the finished grade to the top of the facade area meeting the applicable entry feature standards or the clear height of the occupiable exterior area immediately abutting the associated street-facing entrance, whichever is shortest.
2. Where a minimum width and height are specified, the entry feature standards must be met for a rectangular portion of a facade having a width no less than the minimum width and a height no less than the minimum height.
4-72 Zoning & Development Code | Pomona, California DRAFT May 16, 2024 Part 4 | Frontage Entry Feature
e. Covered Entrance
1. When required as a part of an entry feature; a canopy, roof or other sheltering structure must cover the occupiable exterior area immediately abutting the associated street-facing entrance.
2. The minimum depth of the covered area must be the clear height of the covered area divided by 3.
3. The minimum width of the covered area must be the clear height of the covered area divided by 2.
3 A
A
A
Depth (min)
Depth (min)
Width (min)
2 A Width (min)
3 A
2 A
A = Clear Height
f. Covered Area
Covered area is measured as the occupiable area of an entry feature that is covered by a canopy, roof or other sheltering structure, divided by the total occupiable entry feature area. For the measurement of covered area, see Sec. 1200.G. (Enclosure). g. Finished Floor Elevation
Finished floor elevation is measured from the average sidewalk grade along the adjacent sidewalk to the top of the finished floor surface or ground surface of the entry feature. Where no sidewalk exists within 10 feet of the entry feature, finished floor elevation is measured from the average finished grade within 5 feet of the entry feature, measured perpendicular to the entry feature area.
h. Transparency
Transparency is measured as a percentage calculated as ground story transparency only for the portion of ground story facade area abutting the entry feature. For the measurement of ground story transparency, see Sec. 4100.A.4.a. (Ground Story). i. Fence or Wall Height
Fence or wall height is measured according to Sec. 490.B.4.b. (Fence and Wall Height).
DRAFT May 16, 2024 Pomona, California | Zoning & Development Code 4-73 Entry Feature Part 4 | Frontage
5. Relief
a. A deviation from entry feature dimensional standard of 10% or less may be requested in accordance with Sec. 1180.F. (Alternative Compliance).
b. Deviation from any entry feature standard may be requested as a variance in accordance with Sec. 1170.E. (Variance).
4-74 Zoning & Development Code | Pomona, California DRAFT May 16, 2024 Part 4 | Frontage Ground Story Height
Sec. 4120. Ground Story
4120.A. Ground Story Height
To promote active uses that are directly connected the public realm, and ensure high-quality groundstory spaces that are adaptable and appropriate to their context.
1. Intent
To promote active uses that are directly connected the public realm, and ensure high-quality ground-story spaces that are adaptable and appropriate to their context.
2. Applicability
Ground story height standards apply to all portions of the ground story of a structure located within the first 15 feet of an applicable frontage facade, measured inward and perpendicular to the facade.
3. Standards
All occupiable space located in applicable portions of the ground story must have floor-to-floor height of no less than the ground story height minimum.
4. Measurement
a. Ground story height is measured vertically from the top of the finished ground story to the top of the finished floor above.
b. Where no story exists above, ground story height is the shortest vertical distance from the top of the ground floor elevation to the top of the ceiling or roof structure above. c. For determining the ground story, see Sec. 390.A.4.b.3 (Ground Story).
5. Relief
Deviation from ground story height standards may be requested as a variance in accordance with Sec. 1170.E. (Variance).
DRAFT May 16, 2024 Pomona, California | Zoning & Development Code 4-75 Ground Story Elevation Part 4 | Frontage
4120.B. Ground Story Elevation
The finished floor height associated with the story of a building having its finished floor elevation nearest to the finished grade.
1. Intent
To promote active uses that are directly connected the public realm, and ensure high-quality ground-story spaces that are adaptable and appropriate to their context.
2. Applicability
a. For structures located less than 20 feet from the street lot line, all portions of the ground story located within the first 15 feet of a frontage applicable facade (Sec. 410.B.3.b.), measured inward and perpendicular to the street lot line, must comply with ground floor elevation standards. b. Ground floor elevation standards do not apply to structures located 20 feet or greater from the street lot line.
> 20’
Ground Floor Elevation Standards Don’t Apply
Street
Street
<20’
Ground Floor Elevation Standards Apply
3. Standards
a. All occupiable space located in applicable portions of the ground story must have a ground floor elevation no higher than the maximum ground floor elevation specified by the applied Frontage Module (Subpart 4B).
b. All occupiable space located in applicable portions of the ground story must have a ground floor elevation no lower than the minimum ground floor elevation specified by the applied Frontage Module (Subpart 4B).
4. Measurement
a. Where a building is located greater than 10 feet from a public sidewalk, ground story height is measured vertically from the average finished grade within 5 feet of the street lot line-facing building perimeter to the finished floor elevation of the ground story. 4-76 Zoning & Development Code | Pomona, California DRAFT May 16, 2024 Part 4 | Frontage Ground Story Elevation
b. Where a building is located 10 feet or less from a public sidewalk, ground floor elevation is measured vertically from the average sidewalk grade to the finished floor elevation of the ground story. Average sidewalk grade is measured as the average of the highest and lowest sidewalk elevation for the portion of the sidewalk located in front of the building.
Ground Floor Elevation Highest Grade
Average
Grade
Lowest Grade
c. Ground floor elevation may be measured independently for different modules of the building width. The ground floor elevation for each module must be measured from either average sidewalk grade for the portion of the sidewalk in front of the module or from average finished grade within 5 feet of the street lot line-facing building perimeter based on the distance of the building module from a public sidewalk.
1. For sloped lots, average elevation along the sidewalk may be measured individually for each module and calculated as the average of the highest and lowest sidewalk elevation for the portion of the sidewalk located in front of the building module.
Module 2
Module 1
Avg. Sidewalk
Elevation
[Module 2]
Avg. Sidewalk
Elevation
[Module 1]
Highest Grade
Module 2
Lowest Grade
Module 2
Lowest Grade
Module 1
Highest Grade
Module 1
5. Relief
Deviation from ground floor elevation standards may be requested as a variance in accordance with Sec. 1170.E. (Variance).
DRAFT May 16, 2024 Pomona, California | Zoning & Development Code 4-77 Ground Story Elevation Part 4 | Frontage
4-78 Zoning & Development Code | Pomona, California DRAFT May 16, 2024 DRAFT May 16, 2024 Pomona, California | Zoning & Development Code 5-1 Part 5.
USE
Subpart 5A. Use Introduction 5-3
Sec. 500. General Provisions 5-4
Subpart 5B. Use Modules 5-7
Sec. 510. Use Modules 5-8
Sec. 520. Allowed Uses 5-11
Subpart 5C. Use Rules 5-19
Sec. 530. Use Definitions 5-20
Sec. 540. Use Standards 5-47
Sec. 550. Accessory Uses and Structures 5-72
Sec. 560. Temporary Uses and Structures 5-82
5-2 Zoning & Development Code | Pomona, California DRAFT May 16, 2024 DRAFT May 16, 2024 Pomona, California | Zoning & Development Code 5-3 Subpart 5A.
USE INTRODUCTION
Sec. 500. General Provisions 5-4
500.A. Use Intent 5-4
500.B. Use Applicability 5-4
500.C. Relationship to Form, Frontage, and Site 5-5
5-4 Zoning & Development Code | Pomona, California
Part 5 | Use Use Intent
DRAFT May 16, 2024
Sec. 500. General Provisions
500.A. Use Intent
The intent of Part 5 is to establish the Use Modules, use standards, and use definitions in order to regulate the activities on a lot, and to mitigate any potential impacts within a lot and on surrounding property as a result of those activities.
500.B. Use Applicability
1. General
a. Most lots, operations, and facilities will contain more than 1 use. Any combination of uses permitted by the Use Module will be allowed unless specified within the use standards of an eligible Alternate Typology (Subpart 7B.).
b. All projects filed after the effective date of this Zoning and Development Code must comply with the Use Module standards and all other provisions in Part 5, as further specified below.
2. Project Activities
a. Categories of use rules apply to a project based on what types of project activities are proposed, as shown in the table below. Typically, more than one project activity will apply to a proposed project (for example, an addition will also include a use modification).
Project Activities
Use Rules
SubdivisionNew Construction Addition Site Modification Facade ModificationChange of Use Renovation Maintenance and Repair Sec. 520. Allowed Uses
Sec. 530. Use Definitions
Sec. 540. Use Standards
Sec. 550. Accessory Uses and
Structures
= Standards apply = Standards are not applicable
b. Project activities are defined in Sec. 1200.A. (Project Activities). c. Where a category of the use rules are listed as generally applicable in the table above, the project activity must meet all applicable use standards within that section. This general applicability may be further specified for each standard in the applicability provisions in Subpart 5C. (Use Rules). Project applicability may also be modified by Sec. 11110. (Nonconformities).
Where a category of use rules is listed as not applicable in the table above, no standards from that use rule category apply to the project activity.
Pomona, California | Zoning & Development Code 5-5
Relationship to Form, Frontage, and Site Part 5 | Use
DRAFT May 16, 2024
3. Applicable Components of Lots, Buildings, and Structures a. Use regulations apply to all portions of a lot.
b. Use regulations apply to all portions of buildings and structures on a lot. c. Specific use regulations may further limit which components of buildings and lots are required to comply with Subpart 5C. (Use Rules).
4. Nonconformity
Sec. 11110. (Nonconformities) provides exceptions from the requirements of Part 5 for existing lots, site improvements, buildings, structures, and uses that conformed to the zoning regulations, if any, at the time they were established, but do not conform to current Use Module standards or use permissions. For lots with uses nonconforming as to the provisions of Sec. 520. (Allowed Uses), Sec. 540. (Use Standards), or Sec. 530. (Use Definitions) specified by the applied Use Module (Subpart 5B.), a project activity must not decrease the conformance with any regulations specified in Part 5. (Use), unless otherwise specified by Sec. 11110.D. (Nonconforming Uses). Consider the following examples:
a. An addition to an existing counter service business: Where the current total floor area of the use exceeds the maximum allowed commercial tenant size of the applied Use Module, the addition is not allowed; however, the existing nonconforming tenant area is allowed to be continued. b. Demolition of a brewery facility where an accessory restaurant use remains: Where the restaurant is allowed only accessory to food and beverage manufacturing, this major demolition is not allowed unless the restaurant use is discontinued. 500.C. Relationship to Form, Frontage, and Site
Regardless of allowed uses, the form of a building, its architectural elements, and site improvements are regulated by Form and Frontage Modules and Site rules which must be met. 5-6 Zoning & Development Code | Pomona, California DRAFT May 16, 2024 DRAFT May 16, 2024 Pomona, California | Zoning & Development Code 5-7 Subpart 5B.
USE MODULES
Sec. 510. Use Modules 5-8
510.A. Residential 1 (R1) 5-8
510.B. Residential-Mixed 1 (RX1) 5-8
510.C. Commercial-Mixed 1 (CX1) 5-8
510.D. Commercial-Mixed 2 (CX2) 5-8
510.E. Commercial-Mixed 3 (CX3) 5-8
510.F. Commercial-Mixed 4 (CX4) 5-9
510.G. Commercial-Mixed 5 (CX5) 5-9
510.H. Industrial-Mixed 1 (IX1) 5-9
510.I. Industrial 1 (I1) 5-9
510.J. Industrial 2 (I2) 5-9
510.K. Industrial 3 (I3) 5-10
510.L. Public 1 (P1) 5-10
510.M. Public 2 (P2) 5-10
510.N. Open Space 1 (OS1) 5-10
510.O. Open Space 2 (OS2) 5-10
Sec. 520. Allowed Uses 5-11
520.A. Classification of Uses 5-11
520.B. Use Table Key 5-11
520.C. Allowed Use Table 5-13
5-8 Zoning & Development Code | Pomona, California
Part 5 | Use Use Modules
DRAFT May 16, 2024
Sec. 510. Use Modules
510.A. Residential 1 (R1)
Intent
The R1 Use Module is intended to accommodate a wide variety of housing types for a variety of housing needs in a predominantly residential setting, to accommodate certain accessory uses, and to facilitate the efficient management of municipal resources.
510.B. Residential-Mixed 1 (RX1)
Intent
The RX1 Use Module is intended to accommodate a wide variety of housing types in addition to limited office uses within a primarily residential setting, to accommodate certain accessory uses, and to facilitate the efficient management of municipal resources.
510.C. Commercial-Mixed 1 (CX1)
Intent
The CX1 Use Module allows for commercial uses generally within a 2,000 square foot establishment size on the ground story, as well as a wide range of housing types. The Use Module is intended to support the clustering of commercial service, office, cultural and institutional uses that cater to immediately surrounding neighborhoods.
510.D. Commercial-Mixed 2 (CX2)
Intent
The CX2 Use Module allows for commercial uses generally within a 5,000 square foot establishment size on the ground story, as well as a wide range of housing types. The Use Module is intended to support a broad range of residential, commercial, and civic facility uses to serve surrounding neighborhoods as well as visitors to the area, and to facilitate the efficient management of municipal resources. Some public and institutional services and amenities are also allowed.
510.E. Commercial-Mixed 3 (CX3)
Intent
The CX3 Use Module allows for commercial uses generally within a 10,000 square foot establishment size on the ground story, as well as a wide range of housing types. The Use Module is intended to accommodate a variety of uses, mixing housing with small and medium-scale commercial amenities and services, and to facilitate the efficient management of municipal resources.
Pomona, California | Zoning & Development Code 5-9
Use Modules Part 5 | Use
DRAFT May 16, 2024
510.F. Commercial-Mixed 4 (CX4)
Intent
The CX4 Use Module allows for primarily commercial uses in Activity Centers and Transit-Oriented Development areas. The Use Module is intended to accommodate a variety of uses, mixing housing with small and large-scale commercial amenities and services (limited to a 25,000 square foot maximum establishment size per floor), and to facilitate the efficient management of municipal resources. 510.G. Commercial-Mixed 5 (CX5)
Intent
The CX5 Use Module allows for primarily commercial uses in Activity Centers. The Use Module is intended to accommodate a variety of uses, mixing housing with large-scale commercial offices and regional commercial amenities and services (limited to a 50,000 square foot maximum establishment size per floor), and to facilitate the efficient management of municipal resources. 510.H. Industrial-Mixed 1 (IX1)
Intent
The IX1 Use Module is intended to promote a mix of light industries, office spaces and research and development activities that support creative production, accommodate a wide variety of employment, cultural, and recreational opportunities while supporting residents and workers, and facilitate the efficient management of municipal resources. Industrial activities are limited to the ground story. 510.I. Industrial 1 (I1)
Intent
The I1 Use Module allows heavy commercial and light industrial uses as well as a limited amount of general commercial activity. No residential uses are permitted within the I1 Use Module. The Use Module intends to support employment in smaller light industrial and heavy commercial enterprises, and facilitate the efficient management of municipal resources.
510.J. Industrial 2 (I2)
Intent
The I2 Use Module allows heavy commercial and light industrial uses as well as a limited amount of general commercial activity. No residential uses are permitted within the I2 Use Module. The Use Module is intended to support employment and accommodate some industrial activities while minimizing potential disruptions to surrounding uses, and facilitate the efficient management of municipal resources. 5-10 Zoning & Development Code | Pomona, California
Part 5 | Use Use Modules
DRAFT May 16, 2024
510.K. Industrial 3 (I3)
Intent
The I3 Use Module allows heavy commercial, light industrial, and limited logistics and distribution uses, as well as a limited amount of general commercial activity. No residential uses are permitted within the I3 Use Module. The Use Module is intended to support employment and goods movement and accommodate the most intense industrial activities while minimizing potential disruptions to surrounding uses, and to facilitate the efficient management of municipal resources. 510.L. Public 1 (P1)
Intent
The P1 Use Module allows for government buildings, structures, offices, and services facilities, as well as limited commercial uses. The Use Module is intended to provide regulations for the use and development of land owned by a government agency, or located within a Special Campus area, and to facilitate the efficient management of municipal resources.
510.M. Public 2 (P2)
Intent
The P2 Use Module is intended for uses associated with Fairplex. 510.N. Open Space 1 (OS1)
Intent
The OS1 Use Module is intended to provide active outdoor recreation opportunities on public parkland, and facilitate the efficient management of municipal resources. 510.O. Open Space 2 (OS2)
Intent
The OS2 Use Module is intended to protect and preserve natural resources and provide passive outdoor recreation opportunities on private parkland.
Pomona, California | Zoning & Development Code 5-11
Allowed Uses Part 5 | Use
DRAFT May 16, 2024
Sec. 520. Allowed Uses
520.A. Classification of Uses
Uses are organized into use groups (such as Residential Uses or Public and Institutional Uses), use categories (such as Household Living or Group Living,) and specific uses within each category (such as dwelling unit, manufactured housing park and live-work). Where a use definition contains a list of uses, these are intended to be examples and not all-inclusive.
1. Primary Uses
The allowed use table in Use Table (Sec. 520.C.) establishes the primary uses by Use Module. A primary use is the dominant use or mix of uses of a site. The primary use or uses typically take up the most space on a site and derive the greatest commercial value. Multiple primary uses are permitted on a site.
2. Accessory Uses and Structures
Accessory uses and structures are those uses incidental to a permitted primary use on a site. See Accessory Uses and Structures (Sec. 560.).
3. Temporary Uses and Structures
Temporary uses and structures are characterized by their short-term or seasonal nature, and do not involved permanent improvements made to a site. See Temporary Uses and Structures (Sec. 570.). 520.B. Use Table Key
Use permission levels set out in the use table indicate whether and how a use is permitted within each Use Module.
1. Permitted Uses (P)
The letter "P" indicates that a use is permitted by-right without requiring conformance to specific standards.
2. Conditional Uses (C)
The letter "C" indicates that a use requires approval by the Planning Commission with input from members of the public. See Conditional Use Permit (Sec. 1170.D.).
3. Uses Not Permitted (-)
A dash line (-) indicates that a use is permitted under no circumstances.
4. Use Standard Applies (*)
The asterisk (*) symbol indicates that specific standards apply to a given use. These standards are important for ensuring that a use exists and operates in a manner that is consistent with the intent of the Use Module, and are found in Use Standards (Sec. 550.). 5-12 Zoning & Development Code | Pomona, California
Part 5 | Use Allowed Uses
DRAFT May 16, 2024
5. Fairplex Overlay District (FD)
The letters "FD" indicates that a use is regulated by the Fairplex Overlay District. Not all uses with this designation are permitted. See Fairplex Overlay District (Sec. 820.B.).
6. Wireless Communication Facility Permit (W)
The letter "W" in indicates that a use requires a wireless communication facility permit. See Wireless Communication Facility Permit (Sec. 1170.X.).
7. Cannabis Overlay District (CD)
The letters "CD" indicates that a use is regulated by a Cannabis Overlay District. See Cannabis Overlay Districts (Sec. 820.B.1.).
Pomona, California | Zoning & Development Code 5-13
Allowed Use Table Part 5 | Use
DRAFT May 16, 2024
520.C. Allowed Use Table
Use
Use Module
R1 RX1 CX1 CX2 CX3 CX4 CX5 IX1 I1 I2 I3 P1 P2 OS1 OS2 Reference
RESIDENTIAL
Household Living:
Dwelling Unit P P P P P P P* P - - - C FD - - Sec. 540.A.1.a.
Manufactured Housing Park P* - - - - - - - - - - - FD - - Sec. 540.A.1.b.
Live/Work Unit - P* P* P* P* P* P* P* - - - C* FD - - Sec. 540.A.1.c.
Family Day Care, Small P* P* P* P* P* P* P* P* - - - P* FD - - Sec. 540.A.1.d.
Family Day Care, Large P* P* P* P* P* P* P* P* - - - P* FD - - Sec. 540.A.1.d.
Low-Barrier Navigation
Center P P P P P P P P - - - P FD - -
Community Care Center P P P P P P P P - - - P FD - -
Transient Occupancy:
Short-Term Rental P* P* P* P* P* P* P* P* - - - - FD - - Sec. 540.A.2.a.
Hotel/Motel - - C C C C C C - - - - FD - -
Boardinghouse/
Roominghouse - - P P P P P P - - - - FD - -
ASSEMBLY
Civic and Institutional:
Campus Format C C C C C C C - - - - - FD - -
Non-Campus Format, Small P P P P P P P - - - - - FD - - Non-Campus Format, Large C C C C C C C - - - - - FD - - Sports Arena and Stadium - - - - C C C C - - - C FD - -
OPEN SPACE AND
RECREATION
Nature Reserve P P P P P P P P P P P P FD P P
Open Space, Public P P P P P P P P P P P P FD P P
Recreation, Public:
General P P P P P P P P P C C P FD P C
Golf Course C C C C C C C C - - - C FD C -
Indoor Recreation,
Commercial:
Small - - P P P P P P P P P - FD - -
Large - - - C C C C C P P P - FD - -
Outdoor Recreation,
Commercial:
General C C C C C C C C - - - - FD C -
Golf Course C C C C C C C C - - - - FD C -
Cemetery C* C* - - - - - - - - - - FD C* C* Sec. 540.B.1.
INFRASTRUCTURE
General Public Utility
Infrastructure P* P* P* P* P* P* P* P* P* P* P* P* FD C* - Sec. 540.C.1.
Flood Control Facility P P P P P P P P P P P P FD C C
KEY: P = Permitted; C = Conditional use permit; ; - = Not permitted; * = Use standard applies; FD = Fairplex Overlay District; W = Wireless facility permit; CD = Cannabis Overlay District 5-14 Zoning & Development Code | Pomona, California
Part 5 | Use Allowed Use Table
DRAFT May 16, 2024
Use
Use Module
R1 RX1 CX1 CX2 CX3 CX4 CX5 IX1 I1 I2 I3 P1 P2 OS1 OS2 Reference Public Utility Substation/
Facility C C C C C C C P P P P P FD C C
Wireless
Telecommunications Facility:
Stealth Facility - - W* W* W* W* W* W* W* W* W* W* FD W* W* Sec. 540.C.2.
Monopole Facility - - - - - - - - - - - - FD - -
Data Center - - - - - - - - - - - - FD - -
Freight Terminal - - - - - - - - - - - - FD - -
Heliport - - - - - C C C C C C C FD - -
Railway Facility - - C C C C C C C P P C FD - -
Transit Station C C C P P P P P P C C P FD C -
GENERAL COMMERCIAL
Veterinary Care - - P P P P P P P P P - FD - -
Commissary Kitchen - - - - - C P P P P P - FD - -
Food and Beverage:
Alcohol, Off-Sale - - C* C* C* C* C* C* C* C* C* - FD - - Sec. 540.D.1.a.
Sec. 540.D.1.b.
Alcohol, On-Sale - - C* C* C* C* C* C* C* C* C* - FD - - Sec. 540.D.1.a.
Sec. 540.D.1.c.
Alcoholic Beverage
Manufacturing - - - - - - - P P P P - FD - -
Restaurant/Drinking
Establishment - - P P P P P P P P P - FD P P
Tasting Room - - - - - - - C C C C - FD - -
Entertainment Venue:
Indoor - - - - C P P P C C - P FD P -
Outdoor - - - - C C C P C C - P FD P -
Banking and Financial
Services:
Bank or Finance Institution - P P P P P P P P - - - FD - - Deferred Deposit Originator
(Payday Lender) Office - - - - - - - - - - - - FD - -
Plasma Center - - - - - - - - - - - - FD - -
Medical Clinic - P P P P P P P - - - P FD - -
General Office - P P P P P P P P P P P FD - -
Personal Services:
General - P P P P P P P - - - P FD - -
Massage - - P* P* P* P* P* P* - - - - FD - - Sec. 540.D.2.a.
Fortuneteller - - - - C C C C C - - - FD - -
Mortuary Services - - - - C C P P P P - - FD - -
Retail:
General - P P P P P P P P P P C FD - -
KEY: P = Permitted; C = Conditional use permit; ; - = Not permitted; * = Use standard applies; FD = Fairplex Overlay District; W = Wireless facility permit; CD = Cannabis Overlay District Pomona, California | Zoning & Development Code 5-15
Allowed Use Table Part 5 | Use
DRAFT May 16, 2024
Use
Use Module
R1 RX1 CX1 CX2 CX3 CX4 CX5 IX1 I1 I2 I3 P1 P2 OS1 OS2 Reference Swap Meet (Concession
Mall) - - - - - P P - P P P - FD - -
Large Format Retail - - - - - P P P P P P - FD - -
Outdoor sales - - - - - - - - - - - - FD - -
Hookah Lounge - - - - - - C C C - - - FD - -
Smoke and Vape Shop - - - - C C C C - - - - FD - -
Pawnshop - - - - - - - - - - - - FD - -
Commercial Cannabis - - CD - - CD - CD - - CD - FD - -
Adult-Oriented Business - - - - - - - - C* C* - - FD - - Sec. 540.D.3.
Indoor Self-Service Facility - - - - - - - - - - - - FD - -
AUTO-ORIENTED
COMMERCIAL
Ghost Kitchen - - - - - - - - - - - - FD - -
Motor Vehicle Services:
General Service - - - - - - - - - - - - FD - -
Automated Car Wash - - - - - - - - - - - - FD - -
Hand Car Wash - - - - - - - - - - - - FD - -
Fueling Station - - - - - - - - - - - - FD - -
Electric Vehicle Charging
Station (EVCS) P* P* P* P* P* P* P* P* P* P* P* P* FD P* P* Sec. 540.E.1.
Motor Vehicle Sales and
Rental:
Vehicle Rental - - - - - - - - - - - - FD - -
Vehicle Sales - - - - - - - - - - - - FD - -
Drive-Through Facility - - - - - - - - - - - - FD - -
Tow Yard - - - - - - - - - - - - FD - -
PRODUCTION-ORIENTED
INDUSTRIAL
Production:
General - - - - - - - C* P* P* P* - FD - - Sec. 540.F.1.
Assembly Line - - - - - - - C* P* P* P* - FD - - Sec. 540.F.1.
Animal Products Processing - - - - - - - - - - - - FD - - Artisanal Manufacturing - - - - - - - P* P* P* P* - FD - - Sec. 540.F.1.
Food and Beverage
Manufacturing:
Small - - - - - - - P* P* P* P* - FD - - Sec. 540.F.1.
Large - - - - - - - - - - - - FD - -
Product Maintenance,
Restoration, and Repair - - - - - - - P* P* P* P* - FD - - Sec. 540.F.1.
Sec. 540.F.2.
Media Production:
Backlot/Outdoor Facility - - - - - - - - P* P* P* - FD - - Sec. 540.F.1.
Indoor Support Facility - - - - - - - - P* P* P* - FD - - Sec. 540.F.1.
Soundstage - - - - - - - - P* P* P* - FD - - Sec. 540.F.1.
Research and Development - - - - - - - P* P* P* P* - FD - - Sec. 540.F.1.
KEY: P = Permitted; C = Conditional use permit; ; - = Not permitted; * = Use standard applies; FD = Fairplex Overlay District; W = Wireless facility permit; CD = Cannabis Overlay District 5-16 Zoning & Development Code | Pomona, California
Part 5 | Use Allowed Use Table
DRAFT May 16, 2024
Use
Use Module
R1 RX1 CX1 CX2 CX3 CX4 CX5 IX1 I1 I2 I3 P1 P2 OS1 OS2 Reference Pallet Yard - - - - - - - - - - - - FD - -
DISTRIBUTION-ORIENTED
INDUSTRIAL
Product Distribution - - - - - - - - P P P - FD - -
Cold Storage - - - - - - - - - - - - FD - -
FULFILLMENT-ORIENTED
INDUSTRIAL
Microbusiness - - - - - - - - P P P - FD - -
Product Fulfillment - - - - - - - - - - - - FD - -
Product Transportation - - - - - - - - - - - - FD - -
WASTE-ORIENTED
INDUSTRIAL
Automobile Dismantling
Facility - - - - - - - - - - - - FD - -
Waste:
Construction and
Demolition Waste Facility - - - - - - - - - - - - FD - - Electronic Waste Facility - - - - - - - - - - - - FD - - Food Waste Facility - - - - - - - - - - - - FD - -
Green Waste Facility - - - - - - - - - - - - FD - -
Hazardous Waste Facility - - - - - - - - - - - - FD - - Medical Waste Facility - - - - - - - - - - - - FD - -
Solid Waste Facility - - - - - - - - - - - - FD - -
Waste Transfer Facility - - - - - - - - - - - - FD - -
Recycling:
Recycling Facility - - - - - - - - - - - - FD - -
Recycling Facility,
Convenience - - - - - - C C C - - - FD - -
Recycling Manufacturer - - - - - - - - - C C - FD - -
Recycle, Recycling - - - - - - - - - - - - FD - -
Salvage Yard - - - - - - - - - - - - FD - -
Resource Extraction - - - - - - - - - - - - FD - -
OUTDOOR-ORIENTED
INDUSTRIAL
Storage:
Workplace - - - - - - - - - - - - FD - -
Container - - - - - - - - - - - - FD - -
Vehicle - - - - - - - - - - - - FD - -
URBAN AGRICULTURAL
Animal Keeping:
Bees P* P* P* P* P* P* P* P* P* P* P* P* FD P* P* Sec. 540.G.1.a.
Sec. 540.G.1.b.
Kennel - - - C* C* C* C* C* C* C* C* - FD - - Sec. 540.G.1.a.
Sec. 540.G.1.c.
KEY: P = Permitted; C = Conditional use permit; ; - = Not permitted; * = Use standard applies; FD = Fairplex Overlay District; W = Wireless facility permit; CD = Cannabis Overlay District Pomona, California | Zoning & Development Code 5-17
Allowed Use Table Part 5 | Use
DRAFT May 16, 2024
Use
Use Module
R1 RX1 CX1 CX2 CX3 CX4 CX5 IX1 I1 I2 I3 P1 P2 OS1 OS2 Reference Domestic Animal, Small P* P* P* P* P* P* P* P* P* P* P* P* FD P* P* Sec. 540.G.1.a.
Sec. 540.G.1.d.
Domestic Animal, Large P* P* P* P* P* P* P* P* P* P* P* P* FD P* P* Sec. 540.G.1.a.
Sec. 540.G.1.e.
Urban Farm:
Small P* P* P* P* P* P* P* P* P* P* P* P* FD P* P* Sec. 540.G.2.
Large C* C* C* C* C* C* C* C* C* C* C* C* FD P* P* Sec. 540.G.2.
Plant Cultivation:
Outdoor Plant Nursery P P P P P P P P P P P P FD P P
Indoor Plant Nursery P P P P P P P P P P P P FD P P
ACCESSORY
Shed P* P* P* P* P* P* P* - - - - - FD P* P* Sec. 550.C.1.
Carport P P - - - - - - - - - - FD P P
Patio P* P* P* P* P* P* P* - - - - - FD P* P* Sec. 550.C.2.
Sunroom P P P P P P P - - - - - FD P P
Garage P P - - - - - - - - - - FD P P
Outdoor Dining Area P* P* P* P* P* P* P* P* P* P* P* P* FD P* P* Sec. 550.C.3.
Certified Farmers' Market P* P* P* P* P* P* P* P* - - - P* FD P* P* Sec. 550.C.4.
Swimming Pool P* P* P* P* P* P* P* - - - - P* FD P* P* Sec. 550.C.5.
Home Occupation P* P* P* P* P* P* P* P* - - - P* FD - - Sec. 550.C.6.
Cottage Food Operation P* P* P* P* P* P* P* P* - - - - FD - - Sec. 550.C.7.
Home-Based Business P* P* P* P* P* P* P* P* - - - - FD - - Sec. 550.C.8.
Accessory Commercial Unit
(ACU) P* - - - - - - - - - - - FD - - Sec. 550.C.9.
Accessory Dwelling Unit
(ADU) P* P* P* P* P* P* P* P* - - - - FD - - Sec. 550.C.10.
Junior Accessory Dwelling
Unit (JADU) P* P* P* P* P* P* P* P* - - - - FD - - Sec. 550.C.11.
Outdoor Storage - - - - - - - P* P* P* P* - - - - Sec. 550.C.12.
Private Garden P P P P P P P P - - - P FD - -
KEY: P = Permitted; C = Conditional use permit; ; - = Not permitted; * = Use standard applies; FD = Fairplex Overlay District; W = Wireless facility permit; CD = Cannabis Overlay District 5-18 Zoning & Development Code | Pomona, California DRAFT May 16, 2024 DRAFT May 16, 2024 Pomona, California | Zoning & Development Code 5-19 Subpart 5C.
USE RULES
Sec. 530. Use Definitions 5-20
530.A. Use Interpretation 5-20
530.B. Residential Uses 5-21
530.C. Assembly Uses 5-23
530.D. Open Space and Recreation Uses 5-24
530.E. Infrastructure Uses 5-26
530.F. General Commercial Uses 5-28
530.G. Auto-Oriented Commercial Uses 5-33
530.H. Production-Oriented Industrial Uses 5-35
530.I. Distribution-Oriented Industrial Uses 5-37
530.J. Fulfillment-Oriented Industrial Uses 5-38
530.K. Waste-Oriented Industrial Uses 5-39
530.L. Outdoor-Oriented Industrial Uses 5-43
530.M. Urban Agricultural Uses 5-44
Sec. 540. Use Standards 5-47
540.A. Residential Uses 5-47
540.B. Open Space and Recreation Uses 5-48
540.C. Infrastructure Uses 5-49
540.D. General Commercial Uses 5-54
540.E. Auto-Oriented Commercial Uses 5-66
540.F. Production-Oriented Industrial Uses 5-67
540.G. Urban Agricultural Uses 5-68
Sec. 550. Accessory Uses and Structures 5-72
550.A. General Provisions 5-72
550.B. Defined 5-72
550.C. Standards 5-74
Sec. 560. Temporary Uses and Structures 5-83
560.A. General Provisions 5-83
560.B. Defined 5-83
560.C. Standards 5-84
5-20 Zoning & Development Code | Pomona, California
Part 5 | Use Use Definitions
DRAFT May 16, 2024
Sec. 530. Use Definitions
530.A. Use Interpretation
1. General
Uses are organized by use category (Household Living, Community Care Center) and then by specific use within that category (Dwelling Unit, Live/Work Unit). Use categories are used to organize specific uses with similar attributes, which may be assigned use standards in Sec. 540. (Use Standards). Specific uses within each use category have permissions that determine if that use is allowed in a particular zoning district.
2. Determination of Similarity
a. When a proposed use is not listed, the Development Services Director has the responsibility for determining whether the proposed use is similar to an already listed use. Where a use contains a list of included uses, the uses on the list are to be considered example uses, and not allinclusive. The Development Services Director will first determine what use category the use is most similar to and then determine what specific use within that use category the use is most similar to.
b. When determining whether a proposed use is similar to an already listed use, the Development Services Director must consider the following criteria:
1. The actual or projected characteristics of the proposed use.
2. The relative amount of lot area or floor area and equipment devoted to the proposed use.
3. Relative amounts of sales.
4. The customer type.
5. The relative number of employees.
6. Hours of operation.
7. Building and site arrangement.
8. Types of vehicles used and their parking demands.
9. The number of vehicle trips generated.
10. How the proposed use is advertised.
11. The likely impact on surrounding properties.
12. The amount of outdoor storage that might be anticipated.
13. The amount truck traffic that might be generated.
c. Where a proposed use is found by the Development Services Director to not be similar to an already listed use, the use is only permitted following a zoning text amendment as defined in Sec. 1160.D. (Zoning and Development Code Amendment).
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d. The Development Services Director must maintain a catalog that records each determination of similarity.
530.B. Residential Uses
1. Household Living
a. Dwelling Unit
Any housing accommodations serving as a primary residency or having a tenancy of 30 days or greater. Includes permanent co-living, supportive housing, transitional housing, and farmworker housing as defined in the California Health and Safety Code. b. Manufactured Housing Park
Any site containing more than 2 manufactured housing units. A manufactured housing unit refers to a dwelling unit built with a vehicular chassis, designed and equipped for human habitation, and for being drawn by a motor vehicle, conforming to the National Mobile Home Construction and Safety Standards Act of 1974. Examples include park trailers, mobile homes, manufactured homes, and recreational vehicles.
c. Live/Work Unit
Any dwelling unit or sleeping unit in which a significant portion of the space includes a nonresidential use that is operated by the tenant or building owner. The following applies to live/work units as defined in the California Building Code (Sec. 508.5.1.):
1. The live/work unit is permitted to be not greater than 3,000 square feet in area.
2. The nonresidential area is permitted to be not more than 50 percent of the area of each live/work unit.
3. The nonresidential area function must be limited to the first or main floor only of the live/ work unit.
4. Not more than five nonresidential workers or employees are allowed to occupy the nonresidential area at any one time.
d. Family Day Care, Small
Any small family day care home which cares for up to 8 children, without an additional adult attendant as defined in the California Health and Safety Code (Sec. 1597.44.). e. Family Day Care, Large
Any large family day care home which cares for up to 14 children as defined in the California Health and Safety Code (Sec. 1597.46.).
f. Low-Barrier Navigation Center
1. Any housing-first, low-barrier, service-enriched shelter focused on moving people into permanent housing that provides temporary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, health services, shelter, and housing as defined by the as defined in the California Government Code (Sec. 5-22 Zoning & Development Code | Pomona, California
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65660(a)).
2. “Low barrier” means best practices to reduce barriers to entry, and may include, but is not limited to, the following:
i. The presence of partners if it is not a population-specific site, such as for survivors of domestic violence or sexual assault, women, or youth.
ii. Pets.
iii. The storage of possessions.
iv. Privacy, such as partitions around beds in a dormitory setting or in larger rooms containing more than two beds, or private rooms.
2. Community Care Center
Any facility, place, or building that is maintained and operated to provide non-medical residential care, day treatment, adult daycare, or foster family agency services for children, adults, or children and adults, including but not limited to, the physically handicapped, mentally impaired, incompetent persons, and abused or neglected children, as defined in the California Health and Safety Code (Sec. 1502 (a)).
3. Transient Occupancy
a. Short-Term Rental
Any residential dwelling unit, or portion thereof, that is offered or provided to a paying guest by a short-term rental operator for 30 or fewer consecutive nights as defined in the City Code (Ordinance No. 4327).
b. Hotel/Motel
Any commercial facility offering transient lodging accommodations to the general public for a tenancy of less than 30 days and which may provide such additional services as restaurants, meeting rooms, and recreational facilities.
c. Boardinghouse/Roominghouse
Any building containing a single dwelling unit and not more than 5 guest rooms, where lodging is provided with or without meals for compensation for a tenancy of less than 30 days, but not to include senior living facilities or group living facilities.
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530.C. Assembly Uses
1. Civic and Institutional:
a. Campus Format
Any public or private institutional or organizational facility, organized and operated in a campus format to facilitate multiple individually-permitted uses, that provides essential or cultural services.
1. Public examples include: post office; civic center; community center; community kitchen; child day care; artist cooperative; museum; library; art gallery; auditorium; and public health facility. This definition also includes public institutions of learning, such as: public primary school; secondary school; and college. Campus format uses may include multiple uses listed within the examples, above. Other uses may also be included as long as each use is individually permitted within the applicable use module.
2. Private examples include: private hospital; private school; private house of worship; private community center; private community kitchen; private child day care; and private artist cooperative. Campus format uses may include multiple uses listed within the examples, above. Other uses may also be included as long as each use is individually permitted within the applicable use module.
b. Non-Campus Format, Small
Any government administrative service or private, individual institutional, or organizational assembly use not intended to operate in a campus format. Small format is defined as a maximum of 15,000 total square footage in floor area.
1. Examples include: community center; community kitchen; child day care; artist cooperative; banquet hall; union hall; meeting hall; and house of worship. This definition may also include a specialized school such as: acting school; language school; music school; and dance school.
2. Does not include trucking or driving schools with behind the wheel training, or General Commercial – Entertainment Venue.
c. Non-Campus Format, Large
Any public or private, individual institutional or organizational assembly use not intended to operate in a campus format. Examples include: community center; community kitchen; child day care; artist cooperative; banquet hall; union hall; meeting hall; and house of worship. d. Sports Arena and Stadium
Any publicly or privately operated open or enclosed space with tiers of seats designed to accommodate spectators for viewing any combination of the following: sports; entertainment; and other recreational events.
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530.D. Open Space and Recreation Uses
1. Nature Reserve
Any area managed so as to protect its flora, fauna, and physical features. Includes ecological preserve, marine preserve, natural resource preserve, and water conservation area.
2. Open Space, Public
Any publicly accessible, outdoor areas for passive recreation that is operated on a non-membership basis. Includes spaces such as parks, plazas, walking trails, lawns, picnic areas, and community gardens.
3. Recreation, Public:
a. General
Any publicly accessible, outdoor areas for active recreation. Public outdoor recreation includes sports courts or athletic fields charging no entry or membership fees and having fewer than 200 seat capacity. Includes skate parks, play equipment, sports courts, and other athletic fields. b. Golf Course
Any publicly-owned area of land designed and intended for the game of golf with a series of holes each including tee, fairway, and putting green, and often one or more natural or artificial hazards. A golf course use includes only standard-sized golf courses, and excludes artificially illuminated courses. This use also includes a clubhouse incidental to a standard sized golf course.
4. Indoor Recreation, Commercial:
a. Small
Any indoor commercial use not operated by an educational or public institution, engaged in providing sports and recreation services. Includes health clubs; fitness centers; dance studios; boxing studios, gymnasiums; yoga studios; swimming pools; martial arts, physical training facilities, athletic facilities; and sports courts less than 15,000 square feet. b. Large
Any indoor commercial use not operated by an educational or public institution, engaged in providing sports and recreation services. Includes health clubs; fitness centers; dance studios; boxing studios, gymnasiums; yoga studios; swimming pools; martial arts, physical training facilities, athletic facilities; and sports courts more than 15,000 square feet.
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5. Outdoor Recreation, Commercial:
a. General
Any commercial outdoor recreation use, excluding golf courses. Includes: outdoor batting cage, skate park, sports court, mini golf, pitch and putt, driving range, illuminated golf course. b. Golf Course
Any privately-owned area of land designed and intended for the game of golf with a series of holes each including tee, fairway, and putting green, and often one or more natural or artificial hazards. A golf course use includes only standard-sized golf courses, and excludes artificially illuminated courses. This use also includes a clubhouse incidental to a standard sized golf course.
6. Cemetery
Any park and open space use that is divided for sale as burial plots, includes accessory mausoleums and columbaria.
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530.E. Infrastructure Uses
1. General Public Utility Infrastructure
Any infrastructure related to public utility purposes, including: water and gas pipes, mains and conduits; electric light and power transmission and distribution lines; telephone lines; sewers and sewer mains; and incidental appurtenances.
2. Flood Control Facility
Any facility, structure or system, natural or improved, the purpose of which is to convey flood or storm drainage waters.
3. Public Utility Substation/Facility
Any utility infrastructure providing services and having considerable impacts on adjacent lots, often including on-site staff. Includes active power generation facilities; passive energy generation such as wind turbine, geothermal system, and solar photo-voltaic system with supporting on-site storage; control and transmission equipment; storm water retention or detention ponds; aeration and septic system; reservoir, lift station, water supply well and water tank or tower; telecommunications switching facility; electrical substation; wastewater treatment; water supply treatment.
4. Wireless Telecommunications Facility
a. Stealth Facility
1. Any wireless telecommunications facility that is designed to blend into the surrounding environment. Examples of stealth facilities may include architecturally screened roofmounted antennas, building-mounted antennas painted to match the existing structure, antennas integrated into architectural elements and details, and antenna structures designed to look like light poles, trees, and flagpoles.
2. Any wireless telecommunication facility that includes the transmitting or receiving of electromagnetic signals, including but not limited to radio waves and microwaves, for cellular technology, personal communications services, mobile services, paging systems and related technologies. Includes antennae; microwave dishes; and all other types of equipment used in the transmission of such signals, as well as related support structures, buildings, and cabinets.
b. Monopole Facility
1. Any freestanding wireless telecommunications facility structure composed of a single spire, pole, or tower used to support antennas or related equipment.
2. Any wireless telecommunication facility includes the transmitting or receiving of electromagnetic signals, including but not limited to radio waves and microwaves, for cellular technology, personal communications services, mobile services, paging systems and related technologies. Includes antennae; microwave dishes; and all other types of equipment used in the transmission of such signals, as well as related support structures, buildings, and cabinets.
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5. Data Center
Any facility engaging in the storage, management, processing, or transmission of digital data, and housing computer or network equipment, systems, servers, appliances and other associated components related to digital data operations.
6. Freight Terminal
Any facility intended for freight pick-up, transfer, or distribution by rail, including the facility used in connection with such activities. Includes freight yard and railroad yard.
7. Heliport
Any public-use, special-use, or personal-use airport, as defined in the California Code of Regulations (Art. 4), suitable only for use by helicopters.
8. Railway Facility
Any facility related to a freight railway; or a railway yard, maintenance, or fueling facility related to a passenger or freight railway.
9. Transit Station
Any publicly accessible facility located outside a public right-of-way, such as a bus or rail station, where transport vehicles regularly load and unload passengers along a fixed route. 5-28 Zoning & Development Code | Pomona, California
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530.F. General Commercial Uses
1. Veterinary Care
Any facility in which animals or pets are given medical or surgical treatment and care during the time of such treatment, and in which the boarding of such animals or pets is permitted incidental to their medical or surgical treatment and care.
2. Commissary Kitchen
Any commercial facility used for cooking and preparing food to be primarily sold and consumed off-site. Research, design, and processing are allowed as an incidental use. Includes multi-tenant, incubator, preparatory kitchen, commercial bakery, and catering kitchen. Does not include ghost kitchens.
3. Food and Beverage
a. Alcohol, Off-Sale
Any establishments properly licensed by the Department of Alcoholic Beverage Control of the State of California (ABC), which sell alcoholic beverages of varying types, as allowed by the type of ABC license held by the establishment, for consumption off the premises in which they are sold. Typical uses include convenience markets, grocery stores, and liquor stores. b. Alcohol, On-Sale
Any establishments properly licensed by the Department of Alcoholic Beverage Control of the State of California (ABC), which sell alcoholic beverages of varying types, as allowed by the type of ABC license held by the establishment, for consumption on the premises in which they are sold. Typical uses include bars, brew pubs, nightclubs, wine bars,and restaurants that serve alcoholic beverages.
c. Alcoholic Beverage Manufacturing
Any manufacturing facilities for the production of beer, wine, cider, mead or other similar alcoholic beverages, in accordance with a valid license issued by the State of California Alcoholic Beverage Control. May include tasting rooms, subject to Conditional Use Permit. d. Restaurant/Drinking Establishment
Any eating and/or drinking establishment that provides a dining environment where customers may be seated at tables and served made-to-order meals and beverages for consumption onsite, or for the sale of prepared food and/or drinks primarily for off-site consumption which may include limited seating for casual dining. Includes donut shop, juice bar, bakery, coffee shop, cafe, delicatessen, food kiosk, ice cream shop.
e. Tasting Room
Any area located within an alcoholic beverage manufacturing facility, which is accessory to the manufacturing use. Alcoholic beverages sold, served, or consumed in a tasting room must be manufactured on the premises and may be sold for consumption on or off the premises.
Non-alcoholic beverages sold, served or consumed on-site need not be manufactured on the premises, and may be sold for consumption on or off the premises.
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4. Entertainment Venue
a. Indoor
Any indoor assembly use designed or intended for entertainment. Includes multiplex theater, auditorium, concert hall, night club, community theater, movie theater, live-music venue, night club, comedy club, karaoke lounge, banquet hall. This use does not include activities considered adult-oriented businesses.
b. Outdoor
Any assembly use designed or intended for entertainment and located outdoors.
5. Banking and Financial Services
a. Bank or Finance Institution
Any professional services involving the investment, lending, or management of money and assets in a publicly-accessible setting rather than a private office setting. b. Deferred Deposit Originator (Payday Lender) Office
Any business which offers, originates or makes a deferred deposit transaction, arranges a deferred deposit for a deferred deposit originator, acts as an agent for a deferred deposit originator, or assists a deferred deposit originator in the origination of a deferred deposit and is required to obtain a License from the Department of Financial Protection and Innovation.
6. Plasma Center
Any medical facility in which patrons receive compensation for donating blood plasma.
7. Medical Clinic
Any outpatient healthcare facility that provides direct medical, dental, or therapeutic services to patients, including ambulatory surgery centers. This definition does not include healthcare facilities providing acute or sub acute care to patients.
8. General Office
Any administrative and professional services that provide support to businesses in a private setting.
Office uses may be operated independently or combined with other permitted uses. Includes nonprofits, sales, clerical, legal, accounting, design, consulting, and dry lab. May include one on one counseling and group counseling. Office uses may be operated independently or combined with other permitted uses and may utilize temporary use permits.
9. Personal Services
a. General
Any commercial use providing services directly to individuals seeking services primarily for personal benefit, rather than commercial gain, in a publicly-accessible setting, rather than a private office setting. Includes instructional services, travel agent, real estate agent, hair cutting and styling, spa treatment, cleaning service, dry cleaning service, laundromat or laundry service, 5-30 Zoning & Development Code | Pomona, California
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jewelry repair, tailor or seamstress, tattooing, body piercing, pet grooming, pet boarding (of fewer than four animals at a time) and bicycle repair.
b. Massage
Any personal service, business, parlor, room, place or institution, where massage is given or administered by a massage technician as a service of the business establishment. c. Fortuneteller
Any place of business where any person engages in or practices palmistry, fortunetelling, clairvoyance, crystal gazing, seancing, numerology, mediumship, tarot-card reading, past-life regression, prophecy, phrenology or divination for personal gain or other similar activity.
10. Mortuary Services
Any commercial use engaged in the provision of services involving the care, preparation, or arrangement of human or animal remains, and conducting memorial services. Includes crematorium, funeral home, mortuary, and pet crematorium.
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11. Retail
a. General
Any retail use involved in the sale of new or used products, or the provision of consumer or rental services, to individuals and businesses. Includes grocery store, meat market, produce market, party supply, hobby supply, flower shop, bookstore, cameras and photographic supply, music instruments and accessories, dry goods store, stationary store, fabric and sewing supply, antique shop, artist supply, art gallery, hardware store, drugstore or pharmacy, electronics store, furniture store, print shop, pet shop, and clothing store. Includes Commercial Cannabis Retailer-Storefront persuant to the Pomona City Code (Ch. 68) within the Commercial Cannabis Permit Program Overlay District Sub Areas 1 and 2.
b. Swap Meet (Concession Mall)
Any indoor retail sales of a variety of unrelated merchandise within a single enclosed establishment or marketplace by 5 or more independent persons, merchants or businesses, that individually occupy or make use of floor area or wall space, for which a fee, commission, rent, or lease is charged. The terms “swap meet” and “concession mall” may be used interchangeably. c. Large Format Retail
Any retail use with a non-residential tenant size of 50,000 square feet or greater. May include any of the following types of retail when occupying a non-residential tenant size of 50,000 square feet or greater: superstore, department store, wholesale club, furniture store, and home improvement store.
d. Outdoor Sales
Any display of merchandise for sale not entirely enclosed within a building, not including agricultural uses.
e. Hookah Lounge
Any commercial establishment, whether enclosed, indoor or outdoor, designated specifically for the use of hookahs, but does not include private use of hookahs in personal residences if otherwise in compliance with applicable law.
f. Smoke and Vape Shop
Any establishment engaged in the sale of tobacco or nicotine products and/or accessories intended for smoking, on or off site, including but not limited to pipes, vaporizing devices, hookah pipes, or other smoking paraphernalia. Does not include medical or recreational cannabis or private smoker’s lounge meeting the standards of the California Labor Code. g. Pawnshop
Any retail establishment that accepts personal property as collateral for loans, and offer the property for sale to the public.
12. Adult-Oriented Business
Any commercial use involving the retail sale, rental or exhibition, of any goods or services that are characterized by an emphasis on the exposure or display of specified sexual activities or specified 5-32 Zoning & Development Code | Pomona, California
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anatomical areas. Each sexually oriented business use must constitute a separate sexually oriented business, even if operated in conjunction with another adult business at the same establishment, for the intent of meeting applicable use standards. Includes: adult arcade, adult bookstore, adult cabaret, adult modeling studio, adult merchandise store, adult motel, adult motion picture theater, adult theater, sexual encounter establishment.
13. Indoor Self-Service Facility
Any commercial use that offers indoor, secure self-storage for household goods in individual rooms, compartments, lockers, or containers, to which clients bring goods for storage and retrieve them at any time during normal business hours.
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530.G. Auto-Oriented Commercial Uses
1. Ghost Kitchen
Any demand based commercial use primarily engaged in the prepackaging of foods and other consumer-packed household items that utilizes direct to consumer online order fulfillment.
2. Motor Vehicle Services
a. General Service
Any motor vehicle services use involving the diagnosis, maintenance or servicing of noncommercial and commercial motor vehicles. Includes automotive emissions testing, electrical diagnostic, battery testing, changing, and charging, tire removal, and replacement. Does not include car wash or fueling station.
b. Automated Car Wash
Any motor vehicle services use engaged in cleaning, washing, or waxing of non-commercial motor vehicles, such as passenger cars, trucks, vans, and trailers primarily executed by machinery.
c. Hand Car Wash
Any motor vehicle services use engaged in the cleaning, washing or waxing of non-commercial motor vehicles, such as passenger cars, trucks, vans and trailers primarily executed by a person. d. Fueling Station
Any motor vehicle services use that sells and dispenses vehicle fuel, including diesel, gasoline, hydrogen, and other alternative fuels. Includes commercial vehicle fueling. e. Electric Vehicle Charging Station (EVCS)
As defined in the Pomona City Code Ch. 75. (Electrical Vehicle Charging Stations), and the California Government Code (Sec. 65850).
3. Motor Vehicle Sales and Rental
a. Vehicle Rental
Any heavy commercial use that rents or leases motor vehicles, including moving trucks, commercial vehicles, utility trailers, recreational vehicles, passenger vehicles, pickup trucks, motorcycles and boats.
b. Vehicle Sales
Any heavy commercial use that sells new or used motor vehicles, including moving trucks, commercial vehicles, utility trailers, recreational vehicles, passenger vehicles, pickup trucks, motorcycles and boats.
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4. Drive-Through Facility
A motor vehicle drive-through facility which is a commercial building or structure or portion thereof which is designed or used to provide goods or services to the occupants of motor vehicles. It includes, but is not limited to, banks and other financial institutions, fast food establishments, and film deposit/pick-up establishments, but must not include drive-in movies, service stations, or carwash operations.
5. Tow Yard
Any establishment primarily engaged in towing light or heavy motor vehicles. Including, but not limited to: dispatch service; outdoor and/or indoor vehicle storage, vehicle sales, auction.
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530.H. Production-Oriented Industrial Uses
1. Production
a. General
Any production use that maintains a primary manufacturing or fabrication component involving the making or processing of materials/components primarily by persons into products.
Includes the manufacturing and assembly of the following: medical equipment and supplies, semiconductors and electronic instruments, signs and printed material, musical instruments, toys, furniture, crates, boxes, barrels, electronics, cosmetics, food and drink, textiles, and similar goods. Includes Commercial Cannabis Manufacturing persuant to the Pomona City Code (Ch. 68) within the Commercial Cannabis Permit Program Overlay District Sub Areas 3 and 4. b. Assembly Line
Any use described in Sec. 530.H.1.a. (General) that also incorporates an assembly line. An assembly line includes any arrangement of workers and machines where each worker deals with one part of a product, and the product passes from one worker to another until the product is finished.
2. Animal Products Processing
A use engaged in one or more of the following: dressing or dyeing furs, preparing, tanning, and finishing hides and skins. Does not include the commercial process of preparing processed meat and meat by-products refining or rendering animal fat, bones, meat scraps, and slaughtering animals for distribution.
3. Artisanal Manufacturing
Any establishment primarily engaged in on-site production of goods which involves the use of heavy mechanical equipment and the incidental direct sale to consumers of only those goods produced on site. Includes large format ceramic studios, carpentry, decorative ironworks, glassworks, printing, and woodworking.
4. Food and Beverage Manufacturing
a. Small
A food and beverage manufacturing establishment, with less than 22,500 square feet of gross floor area, that includes a retail sales component. It is characterized by local or regional products, specialty or artisanal foods. Examples include small coffee roasters, micro-breweries, micro-distilleries, wine manufacturing, meat or fish processing, and wholesale bakeries. b. Large
A food and beverage manufacturing establishment, with more than 22,500 square feet of gross floor area, that does not include a retail sales component. It is characterized by local or regional products, specialty or artisanal foods. Examples include small coffee roasters, micro-breweries, micro-distilleries, wine manufacturing, meat or fish processing, and wholesale bakeries. 5-36 Zoning & Development Code | Pomona, California
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5. Product Maintenance, Restoration, and Repair Services A repair use in which the primary use is engaged in the maintenance or repair or restoration of industrial, business, or consumer machinery, equipment, products, and vehicle restoration entirely within an enclosed structure. Includes carpet cleaning, and maintenance and repair of household appliances, furniture, office equipment, and restoration. Does not include pallet yards. Does not include accessory outdoor storage.
6. Media Production
a. Backlot/Outdoor Facility
Outdoor facility for motion picture, television, video, sound, computer, and other communications media production. May include outdoor sets, backlots, and other outdoor facilities, including supporting indoor workshops and craft shops. b. Indoor Support Facility
Administrative and technical media production support facility, including administrative and production offices, post-production facilities (editing and sound recording studios, and Foley stages), special effects and optical effects units, and film laboratories. c. Soundstage
Facilities providing space for the construction and use of indoor sets, including supporting workshops and craft shops. Does not include facilities using live audiences.
7. Research and Development
Any light industrial use requiring a wet laboratory where chemicals, drugs, or other material or biological matter are handled in liquid solutions or volatile phases, requiring direct ventilation, and specialized piped utilities. Includes Commercial Cannabis Testing persuant to the Pomona City Code (Ch. 68) within the Commercial Cannabis Permit Program Overlay District Sub Areas 3 and 4.
8. Pallet Yard
An open yard that stores, sells, repairs, refurbishes, and/or manufactures pallets.
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530.I. Distribution-Oriented Industrial Uses
1. Product Distribution
The indoor storage of bulk goods intended for consolidation and distribution of products to manufacturers, wholesalers, or retailers within the supply chain (“business to business”), with little storage duration, high throughput of products, and high-efficiency, in either a traditional or highcube format. Includes receiving and processing of bulk goods. Includes Commercial Cannabis Distribution persuant to the Pomona City Code (Ch. 68) within the Commercial Cannabis Permit Program Overlay District Sub Areas 3 and 4.
2. Cold Storage
Any use that is primarily the storage of frozen food or other perishable products in temperature controlled environments.
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530.J. Fulfillment-Oriented Industrial Uses
1. Microbusiness
A single business under 22,500 square feet that engages in at least two of following activities:
Production, Artisanal Manufacturing, Distribution, Fulfillment. Includes Commercial Cannabis Microbusiness persuant to the Pomona City Code (Ch. 68) within the Commercial Cannabis Permit Program Overlay District Sub Area 3.
2. Production Fulfillment
Any use that is primarily storage and direct distribution of products to end users within the supply chain (“business to business” or “business to consumer”), sorted, picked, and/or packed either manually or with automation, in either a traditional or a high-cube format. Includes receiving and processing of bulk goods and individual order processing. Excludes Retail and Large Format Retail.
Includes e-commerce, third party logistics, on-demand transportation, and freight forwarding.
3. Production Transportation
Any facility that is involved in product fulfillment or product distribution of bulk goods primarily through the use of truck trailers and truck tractors for truckload services within the supply chain (“business to business” or “business to consumer”). Includes full truckload, less than truckload, trans-loading, consolidations, de-consolidations, cross-dock, and other on-demand transportation services.
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530.K. Waste-Oriented Industrial Uses
1. Automobile Dismantling Facility
Any establishment or place of business which is maintained, used, or operated for storing, keeping, buying, or selling wrecked, scrapped, ruined, or dismantled motor vehicles or motor vehicle parts.
2. Waste
a. Construction and Demolition Waste Facility
1. A facility that accepts or collects building materials and solid waste generated from construction and demolition activities.
2. “Construction and demolition waste” means may include but not limited to, fully-cured asphalt, concrete,brick, rock, soil, lumber, gypsum wallboard, cardboard and other associated packaging, roofing material, ceramic tile, carpeting, fixtures, plastic pipe, metals, tree stumps, and other vegetative matter resulting from land clearing and landscaping for construction, deconstruction, demolition or land developments. b. Electronic Waste Facility
1. A business that accepts by donation or purchase, “electronic waste” from the general public, other recycling facilities, government agencies, and other business enterprises.
2. The facility is used for the collection, sorting, and short-term storage of “electronic waste.”
3. “Electronic waste” means waste that includes any device powered by electricity (including batteries) that contains circuitry and is identified by the State of California as hazardous waste, whether whole or in fragments, including parts, components, or assemblies thereof.
Examples include, but are not limited to: televisions, computers, central processing units, mobile computers(including notebooks, netbooks, tablets, and e-book readers), computer accessories (including input devices, webcams, speakers, data storage devices, servers, and monitors), televisions (including portable televisions and portable DVD players), video display devices (including digital picture frames and portable video devices), digital imaging devices (including printers, copiers, facsimile machines, image scanners, and multifunction machines), television peripheral devices (including video cassette recorders, DVD players, video game systems, game controllers, signal converter boxes, and cable and satellite receivers), digital cameras and projectors, digital audio players, telephones and electronic communication equipment (including cellular phones and wireless internet communication devices), networking devices (including routers, network cards, modems, and hubs), audio equipment, portable video game systems, personal digital assistants, portable global positioning system navigation devices and microwave ovens. c. Food Waste Facility
1. A facility that accepts food waste to reprocess into compost, or other products, including the use of power-driven processing equipment. Facilities which receive food waste for shipment to another facility for reprocessing or composting are not included in this type of facility.
2. “Food waste” means residuals, scraps, expired or discarded food originating from sale, 5-40 Zoning & Development Code | Pomona, California
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storage, processing, preparation or dining practices, including but not limited to vegetables, fruits, grains, dairy products, meats, and the compostable packaging that may be commingled. Does not include the sustainable composting of food waste in conjunction with an established urban farm or urban garden.
d. Green Waste Facility
1. A facility that accepts green waste to reprocess into compost, wood chips, or other products, including the use of power-driven processing equipment. Facilities which receive green waste for shipment to another facility for reprocessing or composting are not included in this type of facility. A green waste facility does not include the chipping, grinding, handling, processing or storage of construction and demolition waste.
2. “Green waste” means organic waste generated by landscape, garden or agricultural operations consisting of lawn clippings, tree and shrub prunings, wood, and miscellaneous soil material. This is categorized as material which can be used to process into compost or wood chips for reuse.
e. Hazardous Waste Facility
1. A facility, as defined in California Health and Safety Code (Sec. 25117.1.), that accepts hazardous waste that are generated at another location (off-site) and serves more than one producer of hazardous waste.
2. “Hazardous waste” means any waste or combination of wastes which, because of its quantity, concentration, or physical, chemical, or infectious characteristics, may cause or significantly contribute to an increase in mortality or an increase in serious or irreversible illness or incapacity or any substance which poses a substantial hazardous threat to human health or the environment. Materials or mixture of wastes which have been defined as "hazardous substances" or "hazardous wastes" pursuant to the Resource Conservation and Recovery Act (RCRA) (42 USC 6901 et seq.), the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) (USC 96-1 et seq.), as either may be amended from time to time, or any substance which may be defined by the California Integrated Waste Management Board.
3. Should a discrepancy arise between two or more entities having jurisdiction in this matter as to the definition set forth, the definition having the more encompassing meaning of the term "hazardous waste" must prevail.
f. Medical Waste Facility
1. A facility with an off-site medical waste treatment facility from the California Department of Public Health (CDPH) that treats medical waste by a method approved by the CDPH.
2. “Medical waste” means waste which is generated or produced as a result of any of the following actions:
i. Diagnosis, treatment, or immunization of human beings or animals. ii. The production or testing of biologicals.
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iii. The accumulation of properly contained home-generated sharps waste that is brought by a patient, a member of the patient's family, or by a person authorized by the enforcement agency, to a point of consolidation approved by the enforcement agency pursuant to California Health and Safety Code (Sec. 117904.) or authorized pursuant to (Sec. 118147.).
iv. Removal of a regulated waste, as defined in the California Code of Regulations (Title 8, Sec. 5193.), from a trauma scene by a trauma scene waste management practitioner.
The waste is one or more of the following:
a. Bio-hazardous waste ("red bag"),
b. Sharps waste,
c. Pharmaceutical waste,
d. Pathological waste, or
e. Trace chemotherapy waste.
g. Solid Waste Facility
1. A solid waste transfer or processing station, a disposal facility or other waste conversion facility, and also includes any solid waste operation that may be carried out pursuant to an enforcement agency notification, including a construction debris chip and grind facility that does not involve green waste.
2. “Solid waste” means:
i. All types of putrescible, offensive and nonputrescible solid and semisolid and liquid waste, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, animal carcasses, bulky goods, construction and demolition wastes; ii. Abandoned vehicles and parts thereof;
iii. Discarded home and industrial appliances;
iv. Dewatered, treated or chemically fixed sewage sludge which is not to be deemed to contain hazardous material or substances;
v. Manure, vegetable or animal solid or semisolid waste; vi. Green waste and recyclable materials; or
vii. Any other material as defined by the California Public Resources Code (Sec. 40191.), California Integrated Waste Management Board, or any other entity having jurisdiction. h. Solid Waste Transfer Facility
A facility where any type of solid waste is unloaded from collection vehicles and briefly held while it is reloaded onto larger long-distance transport vehicles for shipment to landfills or other treatment or disposal facilities. “Solid waste” is defined in Sec. 530.K.2.g.2. 5-42 Zoning & Development Code | Pomona, California
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3. Recycling
a. Recycling Facility
1. A business that accepts by donation or purchase, recyclable materials from the general public, other recycling facilities, government agencies, and other business enterprises in order to recycle such materials.
2. The facility is used for the collection, sorting, and short-term storage of recyclable materials that would otherwise become solid waste. A recycling facility is not a green waste, solid waste, hazardous waste, or automobile dismantling facility.
3. A recycling facility does not include the cleansing, grinding, treating or reconstituting of recyclable materials.
b. Recycling Facility, Convenience
1. A recycling facility located in a convenience zone as defined and certified by the California Department of Conservation under the California Beverage Container Recycling and Litter Reduction Act. See the California Public Resources Code (Sec. 14500.).
2. Only cans, bottles, and plastic containers and other containers and material identified or adopted under the California Public Resources Code (Sec. 14500.) are accepted at a convenience recycling facility.
c. Recycling Manufacturer
1. A facility that includes the cleansing, grinding, treating, and reconstituting of recyclable materials that would otherwise become solid waste, and returning them to the economic mainstream in the form of reconstituted products which meet the quality standards necessary to be used in the marketplace.
2. Reconstituted products do not include wood chips, saw dust, compost or raw materials resulting from processing green waste or construction and demolition waste. d. Recycle, Recycling
Any use that includes separating, collecting, sorting, cleansing, treating, reconstituting or otherwise processing materials that are or would otherwise be disposed of in a landfill and returning them to the economic mainstream in the form of raw material for new, reused, or reconstituted products which meet the quality standards necessary to be used in the marketplace.
4. Salvage Yard
Any heavy industrial use, having any portion of the use located outdoors, where a junk dealer or automobile dismantler operates, or where partially dismantled, obsolete, or wrecked automobiles are stored.
5. Resource Extraction
Any heavy industrial use involving the withdrawal of materials from the natural environment.
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530.L. Outdoor-Oriented Industrial Uses
1. Storage
a. Workplace
The primary open outdoor storage of non-hazardous equipment and machinery for use in the production of goods or for the construction of development projects. Includes infrastructurerelated storage, contractor’s storage, machinery rental, lumber storage. Excludes pallet yards. b. Container
The primary open outdoor storage of containers that are either empty or contain goods or materials. This includes standardized shipping containers, including twenty-foot equivalent units (TEUs).
c. Vehicle
The primary open outdoor storage of passenger vehicles, commercial sized vehicles, heavyduty trucks, boats, recreation vehicles, chassis, trailers, and other oversized vehicles. Includes draying and freight.
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530.M. Urban Agricultural Uses
1. Animal Keeping
a. Bees
Any animal keeping use that includes the keeping of bees. b. Kennel
Any use in which 4 or more cats or dogs, at least 4 months of age, are kept, boarded, or trained, excluding pet shop and veterinary care uses.
c. Domestic Animal, Small
An animal keeping use incidental to another use that includes the breeding, raising, training, boarding, and keeping of animals listed below.
1. Poultry, including: chickens; turkeys; ducks; geese; pigeons; and other fowl.
2. Rabbits, including; hamsters; chinchillas; guinea pigs; and all types of rodents.
3. Pigs less than 150 lbs in weight.
4. Goats less than 100 lbs in weight.
d. Domestic Animal, Large
Any animal keeping use that includes the breeding, raising, training, boarding, and keeping of animals such as horses, alpacas, cattle, donkeys, goats, mules, sheep, large swine, or similar livestock, typically for fiber, meat, milk, or other products. Includes day-to-day care, selective breeding, raising of livestock, and/or involving the noncommercial storage, processing, and distribution of milk or milk products.
2. Urban Farm
a. Small
1. An agricultural use less than 3 acres in area, that is designed and intended for the sustainable cultivation of fruits, vegetables, plants, flowers, herbs, and animal keeping with the primary purpose of growing food for distribution.
2. May include shared facilities for storage and services incidental to the agricultural use including educational activities.
3. Educational activities may include volunteer programs, tours, youth programs and farming classes.
4. May be established as an accessory to a household living or public assembly use.
5. Does not include cannabis cultivation.
b. Large
1. An agricultural use more 3 acres in area and less than 10 acres, that is intended for the sustainable cultivation of fruits, vegetables, plants, flowers, herbs, and animal keeping with Pomona, California | Zoning & Development Code 5-45
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the primary purpose of growing food for distribution.
2. May include shared facilities for storage and services incidental to the agricultural use including educational activities.
3. Educational activities may include volunteer programs, tours, youth programs and farming classes.
4. Does not include cannabis cultivation.
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3. Plant Cultivation
a. Outdoor Plant Nursery
The cultivation of plants outdoors for sale or distribution either on-site or off-site. May include greenhouses, vertical farming, hydroponic systems, and aquaponic systems. Does not include cannabis cultivation. Does not include Commercial Cannabis Outdoor Cultivation. b. Indoor Plant Nursery
The cultivation of plants within completely enclosed buildings for sale or distribution either onsite or off-site. May include greenhouses, vertical farming, hydroponic systems, and aquaponic systems. Does not include cannabis cultivation. Includes Commercial Cannabis Indoor Cultivation persuant to the Pomona City Code (Ch. 68) within the Commercial Cannabis Permit Program Overlay District Sub Areas 3 and 4.
c. Garden Center
Any establishment primarily engaged in retailing garden products, such as trees, shrubs, plants, seeds, bulbs, and sod that are predominantly grown elsewhere. This classification includes commercial and wholesale greenhouses and nurseries offering plants for sale.
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Sec. 540. Use Standards
Use standards apply to a use category or individual use. Where "General" is listed, the standards apply to all uses within that use category. Where an individual use is listed, the standards apply only to that individual use.
540.A. Residential Uses
1. Household Living
a. General
The following standards apply to household living uses in the CX5 use module:
1. Household living uses are not permitted on the ground story of any building, except for lobby and circulation space or shared amenities (such as a gym, lounge area, meeting space or mail room).
2. Household living uses cannot exceed 80% of the gross floor area developed on any site, excluding related lobby, circulation, or shared amenity space.
3. The sum of household living uses and any related lobby, circulation, or shared amenity space cannot exceed 90% of the gross floor area developed on any site. b. Manufactured Housing Park
The following standards apply to manufactured housing parks:
1. Size
The site must be at least 5 acres.
2. Buffering
A Buffer Type II is required along each side and rear lot line of a manufactured housing park, except where abutting a manufactured home park, flood control facility, railroad, or public right-of-way. See Transition Buffer Types (Sec. 620.B.3.c.). c. Live/Work Unit
1. General
i. At least 1 person engaged in the live-work must reside in the dwelling unit in which the live-work business is located as their primary place of residence. ii. A live-work unit cannot exceed 4,000 square feet in floor area. iii. No equipment or process is permitted in connection with the live/work unit that creates noise, vibration, glare, fumes, odors, or electrical interference detectable to the normal senses, off the premises.
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2. Allowed Uses
i. The nonresidential use, as defined in Sec. 530. (Use Definitions), in the dwelling unit is limited to:
a. Veterinary Care;
b. Child Day Care;
c. Restaurant/Drinking Establishment;
d. Bank or Finance Institution;
e. Medical Clinic;
f. General Office;
g. Personal Services - General;
h. Retail - General;
i. Food and Beverage Manufacturing - Small; and
j. Product Maintenance, Restoration, and Repair
d. Family Day Care, All
Any family day care must be licensed by the California Department of Social Services.
2. Transient Occupancy
a. Short-Term Rental
1. Short-term rentals require a business license in accordance with the City Code (Sec. 50- 411.).
2. The short-term rental of an accessory dwelling unit (ADU) is prohibited in accordance with the City Code (Ord. 4281.).
540.B. Open Space and Recreation Uses
1. Cemetery
a. Burial plots must be set back at least 20 feet from a lot line. b. Warehouses, storage or maintenance buildings, mausoleums, or columbaria must be set back at least 150 feet from a residential lot line.
c. Cemetery uses may choose to follow the standards of the Open Lot alternate typology. See Open Lot Alternate Typology (Sec. 710.A.). Cemetery uses are not subject to the standards of Sec. 710.A.7.a.2. and Sec. 710.A.7.a.3.
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540.C. Infrastructure Uses
1. General Public Utility Service Infrastructure
In all Use Modules, utility service uses may choose to follow the standards of the Open Lot alternate typology. See Open Lot Alternate Typology (Sec. 710.A.).
2. Wireless Telecommunications Facility
a. Stealth Facility
The following standards apply to all stealth facilities:
1. Modification to Existing Facilities and Eligible Facilities Request i. Modification of facilities which constitute a substantial increase of size of a tower or base station as defined by the Federal Communications Commission is subject to the modification or establishment of a wireless communication facility permit as defined in Sec. 1170.X. (Wireless Facility Communication Permit). A substantial increase in size occurs if:
a. The mounting of the proposed antenna on the tower would increase the existing height of the tower by more than 10%, or by the height of one additional antenna array with separation from the nearest existing antenna not to exceed 20 feet, whichever is greater, except that the mounting of the proposed antenna may exceed the size limits set forth in this paragraph if necessary to avoid interference with existing antennas; or
b. The mounting of the proposed antenna would involve the installation of more than the standard number of new equipment cabinets for the technology involved, not to exceed 4, or more than 1 new equipment shelter; or
c. The mounting of the proposed antenna would involve adding an appurtenance to the body of the tower that would protrude from the edge of the tower more than 20 feet, or more than the width of the tower structure at the level of the appurtenance, whichever is greater, except that the mounting of the proposed antenna may exceed the size limits set forth in this paragraph if necessary to shelter the antenna from inclement weather or to connect the antenna to the tower via cable; or d. The mounting of the proposed antenna would involve excavation outside the current tower site, defined as the current boundaries of the leased or owned property surrounding the tower and any access or utility easements currently related to the site.
ii. Any request for modification of an existing tower or base station that does not substantially change the physical dimensions of such tower or base station, involving:
a. Collocation of new transmission equipment;
b. Removal of transmission equipment; or
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c. Replacement of transmission equipment, is considered an eligible facilities request and must be permitted by-right.
2. Fencing
i. All ground support equipment must be fully screen by split-face decorative block wall and decorative cap.
ii. Chain-link fencing is prohibited except in active construction phases. iii. All fence height must not exceed the maximum height limits for the underlying Form Module (Subpart 3B.).
3. Screening
i. All ground support equipment must be fully screened including but not limited to generators, fuel tanks, equipment cabinets, ice bridges, equipment racks, and lighting.
Equipment cabinets do not include remote radio heads/remote radio units, amplifiers, transceivers mounted behind antennas, and similar devices. ii. Access to the wireless communications facility lease area must have a minimum width of 10 feet.
4. Signs
Signs must not be placed on any facilities or equipment unless required by law.
5. Operational Standards
i. Maintenance Requirements:
a. All wireless communication facilities including landscaping and surface areas must be continuously maintained free of weeds, debris, litter or temporary signage. b. All graffiti must be removed from the premises within 24 hours of discovery. ii. Business License Requirements:
a. All wireless communication facility permittees must demonstrate to the Department of Development Services that they have a business license for operating a wireless communication facility site prior to the finalization of building permits. b. All property owners must demonstrate to the Department of Development Services that they have a business license for property rental before finalization of building permits.
c. Certification of continued use of each approved facility must be submitted on a yearly basis at the time of the facility operator's business license renewal for as long as the facility remains in operation. The certification must indicate that the facility is operating as approved and that the facility complies with the most current Federal Communication Commission (FCC) safety standards. Facilities, which are no longer in operation, must be removed within 90 days after the date of discontinuation.
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iii. Cash Bond Requirements:
a. Prior to the finalizing of building permit for the construction or modification of a wireless communication facility, the applicant must provide the City with a cash bond for the removal of the facility and any accessory equipment, and rehabilitate the site if that facility is abandoned. The bond amount must be determined by the Administrator and must not be less than 15 percent of construction cost. b. The bond must be deposited in an interest bearing account with the City named as co-depositor.
c. The permittee may petition to the Administrator, no more than once per year, for release of a portion of the funds. The petition must demonstrate to the satisfaction of the Administrator that the value of the account exceeds the amount required to remove the wireless communication facility and rehabilitate the site. After the release of funds, the amount remaining in the account must be equal to or greater than the amount required to remove the wireless communication facility and rehabilitate the site.
d. Prior to release of funds, the permittee must demonstrate that the wireless communication facility is operating in compliance with this section. iv. Removal of Abandoned Wireless Communication Facilities:
a. A written notice of the determination of abandonment must be sent by first class mail, to the permittee of the wireless communication facility at said operator's business address on file with the City.
b. The operator must remove all facilities within 30 days of the date of such notice, unless within 10 days of the date of said notice, the permittee appeals such determination, in writing, to the Planning Commission.
c. If the permittee appeals the notice of abandonment, the Administrator must schedule a hearing on the matter to be conducted before the Planning Commission at which time the Commission may affirm, reverse, or modify with or without conditions the original determination of abandonment and must make written findings in support of its decision.
d. The decision of the Planning Commission may be appealed to the City Council. e. At any time after the 30 day period from the date of notice or determination by the Planning Commission or City Council of abandonment, the City may remove the abandoned facility, repair any and all damage to the premises caused by such removal, and otherwise restore the premises as is appropriate to be in compliance with applicable code.
f. In removing the wireless communication facility, the City must exercise the easement to enter the property and use the bond proceeds to rehabilitate the site.
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g. The City may, but is not required to, store the removed facility or any of its parts. The City may, in lieu of storing the removed facility, convert it to the City's use, sell it, or dispose of it in any manner deemed appropriate by the City. h. Thirty days from the notice of abandonment date or determination of abandonment date by the Planning Commission or City Council, the wireless communication facility permit for the subject facility will be terminated.
6. Permitted Stealth Facility Types
i. Faux Trees
a. Faux trees must incorporate a sufficient amount of branches per linear foot to create a structure as natural in appearance as technically feasible. b. Faux branches and foliage must extend a minimum of one foot beyond antenna panels for the length of the faux tree, as appropriate with the tree species. c. The antennas and antenna support structures must be colored to match the components (branches and foliage) of the proposed faux tree. d. Faux trees must not exceed the maximum height limit for the underlying Form Module (Subpart 3B.).
e. Where applicable, the proposed faux tree must match the existing tree line in height and species.
f. The highest antenna must be 2 feet below the top of the structure. ii. Roof-Mounted Facility (New or Co-Location)
a. Roof-mounted facilities must be hidden by an existing or newly created building or architectural feature, or must be concealed from public viewpoints using architectural features or screening devices, or by siting the facility so that it is concealed from off-site viewpoints.
b. Roof-mounted facilities must not exceed the maximum height limit for the underlying Form Module (Subpart 3B.).
c. Roof-mounted facilities must be compatible with the architectural style, color, texture, façade design, and materials of the building. Newly created architectural features must be proportional to the scale and size of the building or structure. iii. Flush-Mounted Antenna
An antenna for a wireless communication facility may be flush mounted on a building or other structure pursuant to the following standards, and provided that associated equipment is located in manner consistent with the subparagraph below:
a. Flush-mounted antennas must be designed as a stealth facility and must be compatible with the architectural style, color, texture, façade, and materials of the structure. Panel antennas must not interrupt architectural lines of building facades, including the length and width of the portion of the façade on which it is mounted.
Mounting brackets, pipes, and coaxial cable must be screened from view.
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b. Flush-mounted antennas must not exceed the maximum height limit for the underlying Form Module (Subpart 3B.).
c. Any flush-mounted antenna attached to a light pole, utility pole, water tank, or similar structure must exhibit the same or improved appearance as the existing local light poles or utility poles.
d. Flush-mounted antennas must be attached to a vertical surface, except they may be mounted atop a light pole or a utility pole when flush-mounting is physically infeasible. Panel antennas must be mounted no more than 18 inches from building surfaces or poles, must not extend above the height of the building, and must appear as an integral part of the structure.
iv. Other Faux Stealth Facility
a. Faux structure types, including but not limited to water tanks, flag poles, and light poles, may be used as a stealth facility when that type of structure is commonly found within the local setting of the wireless communication facility. b. Faux structures must not exceed the maximum height limits for the underlying zone. 5-54 Zoning & Development Code | Pomona, California
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540.D. General Commercial Uses
1. Food and Beverage
a. Alcohol, All
In addition to the requirements of Sec. 1170.D. (Conditional Use Permit), the following standards apply to any alcohol establishment:
1. Promotion
i. All exterior signage of any kind including interior window signage, which advertises the sale or availability of alcohol, is prohibited.
ii. The display or sale of alcohol must not be made from an ice tub. iii. Storefront windows must be kept clear at all times from paper, paint, cardboard or any other material used for signage.
iv. All exterior windows must be clear glass with no tinting or window coverings either interior or exterior.
2. Training
i. All employees who sell alcoholic beverages must complete a training program in alcoholic beverage compliance, crime prevention techniques and the handling of violence.
ii. All new employees must complete the “Licensee Education on Alcohol and Drugs” training that is provided by the California Department of Alcohol and Beverage Control (ABC) or equivalent responsible beverage service program within 30 days of hire.
3. Site
i. Loitering or panhandling on the premises is prohibited. ii. Overnight parking of vehicles, including recreational vehicles (RVs) on the premises is prohibited.
iii. Signs prohibiting overnight parking must be placed throughout the parking lot area. iv. Vending machines of any kind must not be installed outdoors within the project site. v. Pay telephones must not be installed within the enclosed portion of the premises equipped to receive incoming calls.
vi. New payphones of any kind must not be installed on the exterior of the premises.
4. Security
i. Designated areas for storage of beer and wine must be equipped with a locking mechanism.
ii. Interior and exterior site video surveillance equipment must be provided with signage advising customers that video recording devices are in use.
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a. Recordings must be digital and recorded in high-definition, kept a minimum of 90 days and must record all activity on surrounding public rights-of-way as well as the subject site.
b. Prior to installation of the video surveillance equipment, a video surveillance plan must be approved by the Pomona Police Department.
5. Police and City Contact
i. All crimes occurring inside and outside of the location must be reported to the Police Department at the time of the occurrence.
ii. At any time when the licensee is absent from the premises, a responsible party must be designated who can respond to any inquiries from City officials. iii. The establishment must provide a list annually of no less than 3 employees, who can be contacted 24 hours a day, to the Pomona Police Department’s Records Bureau. The list of names will be used to facilitate a Police response to the location in the event of an emergency or other problem that requires entry into the location during non-business hours.
6. Noise
There must be no activity conducted on the site that exceeds the noise and vibration parameters of the City Code (Sec. 18-301., Ord. 3939.) at any time, or such other ordinance enacted related to noise and vibration.
b. Alcohol, Off-Sale
1. Required Liquor License
The establishment must maintain an active Type 20 liquor license, issued by the ABC, and comply with all relevant State and local laws pertaining to the sale and consumption of alcohol.
2. Hours
The establishment must only sell alcohol under the Type 20 license during the hours permitted by the ABC.
3. Off-Sale Type
i. There must be no beer sold in less than 3 pack quantities. ii. The sale of individual cans, bottles, or tapped/keg containers is prohibited. iii. Beer or wine must not be sold in containers less than 750mL, unless sold by 4 pack or other manufacturers prepackaged multi-unit quantities.
iv. The quarterly gross sales of alcoholic beverages must not exceed the gross sales of the convenience market in the same period.
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v. The applicant or other person issued an ABC license for the Premises (“licensee”) must at all times maintain records which reflect separately the gross sales of the convenience market and the gross sales of alcoholic beverages of the licensed business. These records must be kept on a quarterly basis, and must be provided to City officials upon request.
c. Alcohol, On-Sale
1. Required Liquor License
The establishment must maintain an active Type 41 liquor license, issued by the ABC, and comply with all relevant State and local laws pertaining to the sale and consumption of alcohol.
2. Hours
The establishment must only sell alcohol under the Type 41 license during the hours permitted by the ABC.
3. On-Sale Type
i. Sales of alcoholic beverages under the on-sale privileges of the Type 41 license must be restricted to the interior gross floor area of the eating area, as indicated in the stamped and approved site plan.
ii. The quarterly gross sales of alcoholic beverages must not exceed the gross sales of food during the same period.
iii. The applicant or other person issued an ABC license for the Premises (“Licensee”) must at all times maintain records which reflect separately the gross sales of food and the gross sales of alcoholic beverages of the licensed business. These records must be kept on a quarterly basis, and must be provided to City officials upon request.
2. Personal Services
a. Massage
1. Certification Required
i. Massage Establishment
Owners, operators, and managers of Massage Establishments must not allow or provide massages to be administered or performed by any person other than a Certified Massage Practitioner or Certified Massage Therapist holding a valid, current certification from the California Massage Therapy Council (CAMTC).
ii. Massage Technician
It is unlawful for any person to engage in, or carry on the business or activities of a Massage Technician without a certification from the CAMTC as a Certified Massage Practitioner or Certified Massage Therapist.
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iii. Off-Premises Massage Service
It is unlawful for any person to own, operate, or maintain an off-premise massage service in the City unless all Massage Technicians employed by the off-premises massage service hold a valid, current certification from the CAMTC as a Certified Massage Practitioner or Certified Massage Therapist.
2. Business License Required
It must be unlawful for any person to operate, manage or otherwise conduct business as a Massage Establishment, or to act in any capacity as a Massage Technician, either directly or indirectly, without obtaining a City of Pomona business license.
3. Massage Establishment Owner Background Check Required i. Any person, association, partnership, or corporation desiring to operate a Massage Establishment, that owns or will own 5 percent or more of the Massage Establishment, and that is not a Certified Massage Practitioner or Certified Massage Therapist, must submit an application to the Development Services Director for an investigation of the applicant's background and history. A nonrefundable fee, in an amount set by resolution, must accompany the submission of each application to defray the cost of investigation, inspection and enforcement of Sec. 540.D.2.a. (Massage). An annual nonrefundable renewal fee must be charged to defray associated costs of investigation, inspection and enforcement.
ii. Each applicant for a background check must submit the following information:
a. Applicant’s full legal name and any other names used by the applicant. b. Applicant’s present address and telephone number.
c. Applicant’s Driver's license number and social security number. d. The proposed address of the Massage Establishment.
e. Each residence and business address of the applicant for the three years immediately preceding the date of the application, and the inclusive dates for each address.
f. Proof that the applicant is at least 18 years of age. g. Applicant's height, weight, hair color, and eye color. h. Two photographs of the applicant at least 2 inches by 2 inches taken within 4 months preceding the date of the application.
i. Applicant's business, occupation and employment history for the 5 years immediately preceding the date of application.
j. The business license or permit history of the applicant, including: whether the applicant has ever had any license or permit issued by any agency or board, City, county or state revoked or suspended; and whether the applicant had any professional or vocational license or permit revoked or suspended and the reason(s) for the revocation or suspension.
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k. All criminal convictions and a statement of the dates and places (City and state) of such convictions.
l. If the applicant is a corporation, the name of the corporation must be set forth exactly as shown in the articles of incorporation or charter, together with the state and date of incorporation and names and residence addresses of each of its current officers and directors, and each stockholder holding more than 5 percent of the stock of the corporation. If the applicant is a partnership, the application must set forth the names and residence addresses of each of the partners, including the limited partners. If the applicant is a limited partnership, it must furnish a copy of its certificate of limited partnership filed with the county clerk. If one or more partners is a corporation, the provisions of Sec. 540.D.2.a. (Massage) pertaining to corporate applicants will apply. The applicant corporation or partnership must designate one of its officers or general partners to act as its responsible managing officer. Such person must complete and sign all application forms required of any individual applicant under this Sec. 540.D.2.a. (Massage).
m. The full legal names and other names used, the present addresses and telephone numbers, driver's license numbers, and social security numbers, and state certificates from the CAMTC or transitional licenses for all Massage Technicians who will be working as employees or independent contractors at each Massage Establishment location. The applicant must provide the Director with any changes in the Massage Technicians that work at the Massage Establishment during the permit period within 10 working days of each change.
n. The Development Services Director may require the applicant to furnish fingerprints when needed for the purpose of verifying identification. o. Such other identification and information as may be required by the Director in order to verify the information to be included in the application. iii. The City must investigate the information on the application within 60 days. During the investigation of the background information, a City representative including, without limitation, a member of the Police Department, Fire Department, Building and Safety Division, Planning Division, or any authorized representative thereof, may inspect, with or without notice during regular business hours, the proposed place of business to determine whether it conforms to the requirements of this section. Upon completion of the inspection, the City representative must inform the Development Services Director in writing of the findings of the inspection.
iv. Background clearance will be issued, within 60 days of receipt of the application, to any applicant who has furnished all of the information required by Sec. 540.D.2.a. (Massage) in the application for such license, provided:
a. The applicant has not made a material false statement in the application and that all Massage Technicians who will be working as employees or independent contractors at each Massage Establishment permit location possesses certification from the CAMTC as a Certified Massage Practitioner or Certified Massage Therapist.
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b. The applicant, if an individual, or in the case of an applicant which is a corporation or partnership, any of its officers, directors, holders or 5 percent or more of the corporation's stock, has not, within 5 years immediately preceding the date of the filing of the application been convicted in a court of competent jurisdiction of any of the following offenses: any offence under the California Penal Code (Sec. 243.4., 261., 266a. through 266j., 267., 314. to 316., 318., or 647(a., b., d.); any offense requiring registration under the California Penal Code (Sec. 290.) or the California Health and Safety Code (Sec. 11590); any felony offense involving the possession, possession for sale, sale, transportation, furnishing, or giving away of a controlled substance specified in the California Health and Safety Code (Sec. 11054 to 11058), as amended; any offense in another state which, if committed in California, would have been punishable as one or more of the heretofore mentioned offenses; any offense involving the use of force or violence upon the person of another; or any offense involving theft, embezzlement or moral turpitude. c. The applicant is at least 18 years of age.
d. The applicant has not had a Massage Technician, Massage Establishment, escort service, nude entertainment, nude photo studio or similar type of license or permit suspended within one year or revoked within 3 years immediately preceding the date of the filing of the application, unless the applicant can show a material change in circumstances or that mitigating circumstances exist since the revocation or suspension.
4. Additional Requirements
Before operating a Massage Establishment in the City, Massage Establishment owners must comply with all applicable codes adopted by the City, including, without limitation, the building, electrical, and plumbing codes.
5. Display of Permit
Any owner of a Massage Establishment or off-premise massage service must display the CAMTC certificates for all Massage Technicians prominently in a conspicuous place, capable of being viewed by customers or City representatives, at every location where massage is performed or conducted. For off-premise massage services, massage workers must also carry a copy of their CAMTC certificate and display it to customers upon request.
6. Prohibited Conduct
Owners of Massage Establishments or off-premise massage services, or Massage Technicians, must not conduct or allow any of the following activities:
i. It is unlawful for any Massage Technician or any other employee working in a Massage Establishment or for an off-premise massage service, or customers, patrons, or guests of the establishment or service, to engage in any specified sexual activities upon the premises of the Massage Establishment or the off-premise massage location. ii. It is unlawful for any Massage Technician or other employee of a Massage Establishment to expose specified anatomical areas in the presence of any patron, customer, or guest. 5-60 Zoning & Development Code | Pomona, California
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iii. In the course of administering the massage, it is unlawful for any Massage Technician or other Massage Establishment employee to make intentional physical contact with the specified anatomical areas of any customer, patron or guest.
7. Facilities and Operations
It is unlawful for any Massage Establishment to operate unless the Massage Establishment premises and operation comply with the following minimum requirements:
i. Signs
A readable sign must be posted at the main entrance identifying the establishment as a Massage Establishment, provided, however, that all such signs must otherwise comply with the sign requirements of the Code or any adopted specific plan area regulations.
Any posted signs which are in a language other than English must also be posted in English.
ii. Each service offered, the price thereof, and the duration of each service must be posted in English and such other languages as may be convenient to communicate such service, in a conspicuous location in each Massage Establishment. No services will be performed and no sums will be charged for such services other than those posted.
Nothing herein prohibits patrons from paying gratuities. iii. Lighting
Minimum lighting must be provided in accordance with the California Building Code, as adopted by this Code. Additionally, at least one unobstructed artificial light of not less than 900 lumens must be provided in each enclosed room or booth where massage services are being performed on a patron.
iv. Ventilation
Minimum ventilation must be provided in accordance with the California Building Code, as adopted by the City Code.
v. Disinfection of Instruments
Instruments used for massage must be disinfected before each use. Where instruments for massage are employed, adequate quantities of supplies for disinfection must be available during all hours of operation.
vi. Water
Hot and cold running water must be provided at all times. vii. Linen Storage
Closed cabinets must be utilized for the storage of clean towels and linen. After use, towels and linen must be removed and stored in a separate container until laundered. viii.Sanitary Conditions
All walls, ceilings, floors, steam and vapor rooms, and all other physical facilities for the Massage Establishment must be kept in good repair and be maintained in a clean and sanitary condition.
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ix. Clean Linen
Clean and sanitary towels and linens must be provided for patrons receiving massage services. No common use of towels or linens is permitted. x. Compliance with Laws
The premises to be used must at all times comply with all applicable State and local laws and regulations.
xi. The premises licensed as a Massage Establishment must not be used for any other business or purpose. Any room in which a Massage Establishment provides massage services must not be used for residential sleeping purposes. xii. A register of all individuals employed as Massage Technicians, and copies of their current CAMTC certifications and Massage Technician business licenses, must be maintained and available for inspection at all times during regular business hours. xiii. Each person present in any area of the Massage Establishment, other than the waiting area or other areas open to any member of the public, must be a Certified Massage Practitioner or Certified Massage Therapist or the Massage Establishment owner. xiv. The permits and certifications required by this section must be displayed in an open and conspicuous public place on the premises.
xv. Massage Establishments must only be open for business only between the hours of 7AM and 10:30PM. A massage started at any time before 10:30PM must nevertheless terminate at 10:30PM. The hours of operation must be displayed in a conspicuous public place in the lobby within the Massage Establishment and in any front window clearly visible from the outside of the Massage Establishment. Patrons and visitors must only be in the Massage Establishment during business hours.
8. Exceptions
Sec. 540.D.2.a. (Massage) does not apply to the following classes of individuals, and no CAMTC certification is required of such persons, while engaged in the performance of the duties of their respective professions:
i. Acupuncturists who are duly certified to practice their profession in the state of California.
ii. Barbers, beauticians, and cosmetologists with respect to scalp massage, who are duly permitted pursuant to the California Business and Professions Code (Sec. 7301., et seq.), in accordance with the limitations of their permits.
iii. Nurses who are registered as such under the laws of the state of California. 5-62 Zoning & Development Code | Pomona, California
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iv. Physicians, surgeons, chiropractors, osteopaths, or physical therapists who are duly permitted to practice their respective professions in the state of California, or provide professional services in lawful compliance with the California Corporations Code (Sec. 13401 (a).).
9. Public Nuisance Abatement
Any Massage Establishment operated, conducted or maintained contrary to the provisions of Sec. 540.D.2.a. (Massage) is unlawful and a public nuisance. The City Attorney is authorized, in addition to or in lieu of any other legal or criminal proceedings, to commence an action or proceeding for abatement, removal or enjoinment of such Massage Establishment in the manner provided by law. The City Attorney may seek a court order to grant such relief to abate or remove such Massage Establishments and restrain and enjoin any person from operating, conducting or maintaining such an establishment contrary to the provisions of this section.
10. Revocation
i. Grounds for Revocation.
In addition to the grounds for business license revocation set forth in the City Code (Ch.
50., Art. VIII., Div. 2.), the Development Services Director or City Attorney may revoke business licenses issued to Massage Technicians or Massage Establishments for one or more of the following grounds:
a. Fraud or Deceit
That the applicant practiced fraud or deceit in obtaining an approval under Sec. 540.D.2.a. (Massage).
b. Inspections
That the applicant has refused, delayed, or interfered with, inspections or compliance verification by representatives of the City, County, or State. c. Violation of Chapter
That the Massage Establishment owner, operator, Massage Technician, or its employee violated a provision or provisions of this section. d. Criminal Conviction
That the Massage Establishment owner, operator, Massage Technician, or its employee has been convicted in a court of competent jurisdiction of any offense described in Sec. 540.D.2.a. (Massage).
e. Improperly Maintained Facilities
That the facilities and operations of the Massage Establishment are not kept in compliance with this section, and that the owner or operator has failed to promptly remedy any deficiency of which they have been notified. For purposes of this subsection, "notice" means notice given personally or by leaving notice at the Massage Establishment premises, or by first class mail, postage prepaid, to the Pomona, California | Zoning & Development Code 5-63
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address designated by the Massage Technician or establishment in accordance with Sec. 540.D.2.a. (Massage);
f. Employment of Uncertified Technicians
That the Massage Establishment has employed, allowed or permitted an uncertified person to perform massage in the Massage Establishment; g. Error
That the approval was issued in error.
h. Civil Penalties
Assessment of 3 or more civil penalties as provided by Sec. 540.D.2.a. (Massage) during any 6 month period.
i. Prohibited Conduct
A Massage Establishment owner, operator, Massage Technician, or its employee or agent has been found to have engaged in prohibited conduct in violation of Sec. 540.D.2.a. (Massage).
ii. Notice and Hearing of Revocation
Notice and hearing for the revocation of a Massage Technician’s or Massage Establishment’s business license must be pursuant to the City Code (Ch. 50., Art. VIII., Div. 2.).
11. Civil Penalties
i. Any person violating any provision of Sec. 540.D.2.a. (Massage) is liable in a civil action brought by the City Attorney for an amount up to $500 per violation. Such person is also liable for reasonable attorneys' fees and costs incurred by the City Attorney in any civil proceeding filed to enforce Sec. 540.D.2.a. (Massage).
ii. Enforcing Sec. 540.D.2.a. (Massage) through civil action may be filed as an alternative to criminal enforcement. Civil enforcement does not require the violation to be knowing or willful. A civil action must not be filed if the person is being criminally prosecuted. iii. Each violation of Sec. 540.D.2.a. (Massage) is a separate offense subject to the civil penalty.
iv. The City Attorney may settle any civil enforcement before or after to the filing of a civil action by imposing a civil penalty in an amount not exceeding the potential civil liability, including attorneys' fees, set forth in Sec. 540.D.2.a. (Massage). If such civil penalty is paid in full, the City Attorney can agree not to file civil or criminal actions or, if action has already been filed, may dismiss such action. Imposition of all civil penalties is public record.
v. All civil fines must be deposited into the General Fund. 5-64 Zoning & Development Code | Pomona, California
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3. Adult-Oriented Business
a. General
1. Location
i. An adult-oriented business must not be located within a radius of:
a. 750 feet of any other adult-oriented business property line; or b. 1,000 feet of any existing residential lot line.
2. Size
i. An adult book store, adult merchandise store, or modeling studio must have a gross floor area of at least 1,000 square feet.
ii. Any other adult-oriented businesses, including an adult motion picture theater, live entertainment, cabaret, or arcade must have a gross floor area of at least 3,000 square feet.
iii. An adult-oriented business structure must not exceed 2 stories or 35 feet in height.
3. Noise
The premises must provide sufficient sound-absorbing insulation so that any noise generated is not audible anywhere on any adjacent property or public right-of-way, or within any other building or separate unit within the same building.
4. Lighting
i. Any off-street parking area and premises entries must be illuminated from dusk to closing hours of operation with a lighting system which provides an average maintained horizontal illumination of 1 foot candle on the parking surface and walkways. ii. The lighting must be shown on the required sketch or diagram of the premises.
5. Signs
i. The operator must post "No Loitering" and "No Consumption of Alcohol on the Premises" signs in the parking lot area and on the exterior wall of the building. ii. Any advertisements, displays or other promotional materials depicting or describing "specified anatomical areas" or "specified sexual activities" or displaying instruments, devices or paraphernalia which are designed for use in connection with "specified sexual activities" must not be visible to the public from any public right-of-way or any other exterior location.
iii. Any proposed exterior signage must comply with Sec. 630. (Signs).
6. Operational Standards
i. The observation of any activities depicting, describing or relating to "specified sexual activities" or "specified anatomical areas" must not be visible from any public right-ofway or any other exterior location including any display, decoration, sign, show window or other opening.
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ii. Any exterior door or window on the premises must not be propped or kept open at any time while the establishment is open.
iii. No person under the age of eighteen 18 is permitted within an adult-oriented business. iv. Any adult-oriented business building entrance must be clearly and legibly posted with a notice indicating that persons under 18 years of age are precluded from entering the premises. The notice must be constructed and posted to the satisfaction of the Development Services Director.
v. The on-sale of alcohol is prohibited at all times during the operation of an adultoriented business without the approval of a conditional use permit. See Sec. 1170.D. (Conditional Use Permit).
vi. Hours
a. An adult-oriented retail store must not operate outside the hours of 10:00 a.m. to 10:00 p.m.
b. Any other adult-oriented business, except adult motels/hotels, must not operate outside the hours of 10AM and 12AM.
7. Interior
i. All areas of the adult-oriented business where patrons are permitted, except restrooms, must be open to view by the management at all times.
ii. All areas must be illuminated as follows:
INTERIOR AREA FOOTCANDLES (MIN)
Bookstore and Retail 20
Theater and Cabaret 5
During Performance 1.25
Arcade 10
Modeling Studio 20
b. Adult Arcades
1. Interior
i. Restrooms must not contain video or television equipment. ii. All interior areas where patrons are permitted must be within a direct line of sight of the manager's station, except restrooms.
iii. Viewing Rooms and Booths
a. All walls and partitions between the viewing rooms and booths must be maintained in good repair at all times, with no holes between booths that would allow viewing and physical contact between occupants.
b. All walls or partitions between the viewing rooms and booths must be suspended between 16 inches and 4 feet above the ground.
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c. A viewing booth must not exceed 9 square feet in area c. Adult Cabarets and Adult Theaters
1. Interior
i. All stages must be raised at least 18 inches above the floor level. ii. Fixed rails, at least thirty 30 inches in height, must be provided to separate entertainers and patrons.
iii. No patron is permitted within 6 feet of the stage while the stage is occupied by an entertainer in accordance with City Code (Ord. 4031.).
iv. Separate and dedicated dressing rooms must be provided for entertainers. No guest or customer are permitted to enter any dressing room at any time. v. A separate and dedicated entrance and exit must be provided for entertainers. vi. Dedicated Stage Access
a. Dedicated access for entertainers between the stage and the dressing rooms, which is completely separated from the patrons must be provided. b. Where separate access is infeasible, a walk aisle at least 3 feet wide must be provided for entertainers between the stage and dressing rooms. A railing or other physical barrier separating the patrons and entertainers must be provided to prevent any physical contact between patrons and entertainers.
540.E. Auto-Oriented Commercial Uses
1. Electric Vehicle Charging Station (EVCS)
a. Only permitted in conjunction with another allowed primary use; b. Must be located within a parking area.
c. Must not be located within a Build-to zone.
d. Must not cause any net loss of tree canopy or landscaping on the site.
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540.F. Production-Oriented Industrial Uses
1. Production, All
a. Shore Power
See Sec. 540.C.1.a. (Shore Power).
b. Additional Permit Requirements
The operator must submit a floor plan and business operations plan. c. Operational Standards
1. Production and supportive uses must not take place anywhere outside of a permitted structure on the property, except for employee-based break areas and employee food services.
2. Production uses must not exceed the noise standards established in the City Code (Sec.
XX.).
3. A production use must provide evidence of the following to City officials upon request:
i. Bicycle lockers for employees.
ii. At least 1 interior and 1 exterior break room, with a minimum square footage of 100 square feet for each break room.
4. A production and supportive use must not include a spray booth, except where authorized by the South Coast Air Quality Management District.
d. Permitted Supportive Uses
1. The following supportive uses are permitted in conjunction with a production use:
i. Shipping
ii. Receiving
iii. Material/product storage
iv. Office, break room, conference room, and employee food service.
2. Product Maintenance, Restoration, and Repair
In the RX1, CX1, CX2, CX3, CX4, and CX5 Use Modules, product maintenance, restoration, and repair uses are subject to the following:
a. Maximum establishment size: 4,000 gross square feet. b. Automotive repair and small engine repair uses are prohibited. c. Carpet cleaning is prohibited.
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540.G. Urban Agricultural Uses
1. Animal Keeping
a. General
No animal keeping use is permitted within a required setback of required frontage yard. b. Bees
The keeping of bees will be subject to the following requirements:
1. Bees must be maintained in hives consisting of moveable frames and combs;
2. No more than 2 hives must be maintained on a lot;
3. Hives must be kept in sound and usable condition at all times;
4. Hives must be located at least 5 feet from all property lines;
5. Hive entrances or openings must be oriented away from neighboring properties;
6. Hives must be continually managed to provide adequate living space for the resident bees in order to prevent swarming;
7. A water source for bees must be provided, at all times, on the property where the bees are kept to discourage bee visitation at swimming pools, hose bibs, and other water sources on other property;
8. Hive maintenance materials or equipment must be stored in a sealed container or placed within a building; and
9. Bees and hives will be considered a public nuisance when any of the following occurs:
i. A colony of bees exhibit defensive, objectionable behavior or interfere with the normal use of neighboring property.
ii. Bees or a hive do not conform to this Code.
iii. A hive becomes abandoned by resident bees or by the owner. c. Kennel
1. The premises must be kept in a clean and sanitary manner by the daily removal of waste and by the use of spray and disinfectants to prevent the accumulation of flies, the spread of disease or offensive odor.
2. Kennels must conform to all the regulations contained in the County Code related to kennels, including but not limited to Noise Abatement and Control, Animal Control and Permit Fees and Procedures.
3. Animal odors must not be detectable beyond the lot lines of the property wherein the kennel is located.
4. Dust and drainage from the kennel enclosure must not create a nuisance or a hazard to Pomona, California | Zoning & Development Code 5-69
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adjoining property or uses.
5. The kennel enclosure must be screened by a nontransparent fence of a minimum 6 feet in height.
6. Grooming services for the animals being boarded may be allowed as an incidental use provided the grooming services are conducted indoors.
d. Domestic Animal, Small
1. Any animal must not be maintained on an area of less than 14,520 square feet (1/3 acre).
2. The number of animals must not exceed 4 adult animals and their immature offspring.
3. Any animal must have an enclosure size of at least 650 square feet per animal.
4. Any open enclosure for any animal must be at least 30 feet from the nearest dwelling unit, except for the animal owner's residence.
5. Any open enclosure must be setback at least 30 feet from any street except for an alley. e. Domestic Animal, Large
1. Any animal must not be maintained on an area of less than 6,000 square feet.
2. Pens, coops, hutches, and other areas must be maintained in a clean and sanitary manner and must at no time become a source of offensive odors transmitted to adjacent properties.
3. Minimum Enclosure/Outdoor Pen Size
i. Poultry
a. Coop Size: 4 square feet
b. Run Size: 10 square feet per bird
ii. Rabbits
a. Hutch Area: 12 square feet per rabbit minimum
b. Hutch Height: 2 feet minimum
iii. Pigs
Pen Size: 120 square feet per pig
iv. Goats
Pen Size: 200 square feet per goat
4. Number of Animals
The number of animals shall not exceed the following:
i. Poultry
15 animals maximum
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ii. Rabbits
15 animals maximum
iii. Pigs
6 animals maximum
iv. Goats
6 animals maximum
2. Urban Farm
a. Additional Permit Requirements
1. Any urban farms must obtain a business license and land use permit with the City of Pomona.
2. The urban farm operator must submit a maintenance plan and animal care plan, if applicable, including the maintenance schedule of the site and animals, the removal of animal waste, weeds, and debris.
3. The urban farm operator must submit a composting plan for any active composting proposed on-site.
b. Site
1. The urban farm or urban garden must abide by Sec. 18-222 (Public Nuisance) in the City Code.
2. Building coverage must not exceed 20% of the proposed urban farm net area, including accessory structures (i.e. tool sheds, gazebos, shipping containers, restrooms, etc.).
3. The urban farm must be designed and maintained to ensure that water will not drain to adjacent properties or the public right-of-way.
4. The urban farm or urban garden must be designed and maintained to prevent dust and other fugitive particles from leaving the site.
5. Where animals are present, permanent fencing must be provided around the urban farm or urban garden perimeter, and must meet the standards of the Sec. 620.B. (Transition Buffers) and Sec. 620.C. (Frontage Screens).
6. A pedestrian walkway at least 5 feet wide must be provided from the public right-of-way to the urban Farm or urban garden. The walkway must be clearly marked and made from a decorative compacted material, such as decomposed granite, or a decorative pervious surface.
i. Exceptions
a. An urban farm located to the rear of a street-facing building may be allowed to provide access to the urban farm through a structure.
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b. An urban farm located to the rear of a street-facing building may be allowed to provide access to the urban farm through a public alley.
7. Any storage structure for tools, equipment, or other materials, must be fully enclosed and located outside of the required setbacks of the zoning district where the urban farm is located, and must abide by the base zoning district setback standards for accessory structures.
8. Any storage structure for tools, equipment, or other materials, must be enclosed and located outside of the required setbacks of the zoning district where the urban farm is located, and must abide by the base zoning district setback standards for accessory structures.
9. All on-site lighting must be shielded, directed away from any adjoining properties and public rights-of-way, and meet the standards of Sec. 640.A. (Outdoor Lighting). c. Operational Standards
1. The use of pesticides is prohibited.
2. In the R1 and RX1 use modules, the use of commercial grade machinery or mechanized equipment is expressly prohibited except in the initial preparation of the land and as necessary for seasonal transitions and compost health.
3. The hours of operation must be limited to the hours between one hour before sunrise and one hour after sunset.
d. Composting Standards
1. Active compost and compost receptacles must be located at least 15 feet from any interior property line, and must not be located within any designated setback area of the zoning district in which the urban farm is located.
2. Composting activities must be conducted in a manner that does not create a nuisance (generation of noise, odors, insects, etc.) nor impact the public health, safety, or welfare of persons within the area surrounding the urban farm, or its participants, employees, or staff.
3. The scale of the composting activity must be consistent with the fertilizer requirements for the related urban farm the composting activity is intended to serve.
4. Feedstock inputs may only be imported to the site for purposes of maintain the health of compost as a soil resource for the urban farm.
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Sec. 550. Accessory Uses and Structures
550.A. General Provisions
1. Allowed
a. The table in Sec. 520.C. lists allowed accessory uses and structures by Use Module. b. An accessory use or structure is one which exists incidental to and directly associated with the principal permitted use on a lot, allowing for the flexibility of multi-use developments and facilities. To qualify as an accessory use, a use cannot exceed 50% of the gross floor area of the primary permitted use on a site.
2. Permit Required
All accessory uses and structures must obtain a permit pursuant to the procedures described in Building Permit (Sec. 1180.X.), unless otherwise noted in Accessory Use and Structure Standards (Sec. 550.C.).
3. Accessory Uses and Structures Not Listed
An accessory use or structure not specifically listed in Sec. 520.C. is not allowed unless the Development Services Director determines the use:
a. Is clearly incidental to and customarily found in connection with an allowed primary use; b. Is subordinate to and serving an allowed primary use; c. Is subordinate in area, extent and purpose to the primary use served; d. Contributes to the comfort, convenience or needs of occupants, business or industry in the primary use served; and
e. Is located on the same lot as the primary use served.
4. Module Standards for Accessory Structures
a. Accessory structures must meet the coverage, setback and maximum height requirements of the Form Module (Subpart 3B).
b. New construction accessory structures are only permitted in a side or rear yard. 550.B. Defined
1. Shed
A simple roofed structure used as a storage space or a workshop. Similar structures which are sited on gravel pads or skids are also considered sheds. A structure meeting this definition which is able to fit a parked car inside, and which includes a garage door, will be considered to be a garage.
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2. Carport
An accessory structure or portion of a main structure, open on at least 2 sides, designed for the shelter or storage of motor vehicles. A carport is considered a parking area for the purposes of measuring automobile parking (Sec. 610.C.).
3. Patio
A structure with open or glazed walls that is only used for recreational, outdoor living purposes.
4. Sunroom
A one-story structure attached to a dwelling unit with a glazing area in excess of 40 percent of the gross area of the structure's exterior walls and roof.
5. Garage
An accessory structure or portion of a main structure, enclosed on 3 or more sides, designed for the shelter or storage of motor vehicles. A carport is considered a parking area for the purposes of measuring automobile parking (Sec. 610.C.).
6. Outdoor Dining Area
A seating area specifically designed for the consumption of food or drink, typically associated with a restaurant, and which is either:
a. Located entirely outside the walls of the associated building; b. Enclosed on two or fewer sides by walls, with or without a solid roof cover; or c. Enclosed on three sides by walls without a solid roof cover.
7. Certified Farmers' Market
A retail use involved in the sale or dispensing of agricultural products by producers or certified producers directly to consumers or to individuals, organizations, or entities that subsequently sell or distribute the products directly to end users. Certified farmers' markets must be certified by the Los Angeles County Agricultural Commissioner.
8. Swimming Pool
Any structure, chamber, or tank containing a body of water intended for swimming, diving, or bathing.
9. Home Occupation
The secondary use of a dwelling unit for the purpose of conducting a business enterprise by a resident of the dwelling unit.
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10. Cottage Food Operation
An enterprise that is registered with, or permitted by, the County of Los Angeles, Department of Public Health, as a “Cottage Food Operation,” as defined in California Health and Safety Code (Sec. 113758), as may be amended.
11. Home-Based Business
The secondary use of a dwelling unit for the purpose of conducting a business enterprise by a resident of the dwelling unit, with a greater degree of activity than home occupation. This definition does not include businesses conducted within an Accessory Commercial Unit (ACU) (Sec. 550.B.11.).
12. Accessory Commercial Unit (ACU)
The secondary use of a single-unit home's garage for the purpose of conducting a business enterprise that is operated by the homeowner, with a greater degree of activity than a home-based business.
13. Accessory Dwelling Unit (ADU)
An attached or a detached secondary dwelling unit that provides complete independent living facilities for one or more persons and is located on a the same lot as a proposed or existing primary dwelling. An ADU is not a JADU.
14. Junior Accessory Dwelling Unit (JADU)
An accessory dwelling unit created out of a space within an existing single-unit primary dwelling that includes a small kitchen, an interior entrance from the primary dwelling, and a dedicated exterior entrance. A JADU is not an ADU, and may include its own bathroom or share one with the primary dwelling.
15. Outdoor Storage
The incidental open outdoor storage of materials associated with a permitted, primary use only. 550.C. Standards
1. Shed
Sheds are permitted without a permit as an accessory use in all Use Modules, subject to the following standards:
a. Form
1. Maximum height: 12 feet
2. Maximum size: 120 gross square feet
Pomona, California | Zoning & Development Code 5-75
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b. Placement
1. Number allowed: 1 per 2,000 square feet of lot area
2. Must be within a rear yard only
3. Setback from side or rear lot line: 5 feet
2. Patio
A Patio must only be used for recreational, outdoor living purposes and not as carports, garages, storage rooms, or habitable space.
3. Outdoor Dining Area
Outdoor dining areas are permitted accessory to food and beverage uses, subject to the following standards:
a. Outdoor dining areas must not obstruct or interfere with required pedestrian, bicycle, or vehicular circulation areas.
b. Outdoor dining areas must not encroach upon the public right-of-way. c. Outdoor dining areas must be adequately secured and lockable outside normal hours of operation.
4. Certified Farmers' Market
Certified farmers' markets are permitted accessory to any other permitted primary use, subject to the following standards:
a. The operator is limited to certified producers, non-profit organizations, and local government agencies.
b. If selling eggs, honey, fish and other seafood and freshwater products, live plants, and other agricultural products, the market operator and producer must secure all necessary licenses, certificates and health permits which are required to sell these products directly to consumers, provided these products are raised, grown, caught, and processed, if necessary, in California. c. Safety barricades must be provided to separate and protect vendors and their customers from moving vehicles wherever active motor vehicle use areas and farmer's market activities are not separated by a permanent curb.
d. Trash containers must be provided during the hours of operation. e. Any portion of the lot used for market activities must be cleaned at the close of hours of operation, including the removal of stalls, materials, debris, and trash used in conjunction with market activities.
f. (EBT) card payments must be accepted by all vendors for all hours of operation. A Food and Nutrition Service (FNS) Number issued by the United States Department of Agricultural must be available at the public’s request as proof of Electronic Benefit Transfer (EBT) card acceptance. 5-76 Zoning & Development Code | Pomona, California
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g. Certification of the Certified Farmers’ Market and contact information for the operator must be posted at the main entry, and otherwise available at the public’s request. The contact person must be available during the hours of operation and must respond to any complaints.
The operator must keep a log of complaints received, the date and time received, and their disposition.
5. Swimming Pool
Swimming pools are allowed accessory to residential uses in all Use Modules, subject to the following standards:
a. Swimming pools, including mechanical equipment, must not be located within 5 feet of a rear, side, or street side lot line.
b. Swimming pools must not be located within any utility easement. c. Swimming pools larger than 150 square feet in water surface area must be located at least 5 feet from any wall of a primary structure.
d. Swimming pools located in the IX1 Use Module must be located indoors.
6. Home Occupation
Home occupations are allowed accessory to all dwelling unit uses in all Use Modules. a. General
1. At least 1 person engaged in a home occupation must reside in the dwelling unit where the home occupation takes place.
2. No more than 1 vehicle used in association with the home occupation is permitted to be parked on-site at any time.
3. A home occupation permit is not transferable. A permit for each new home occupation must be applied for.
b. Design
Any home occupation must be confined entirely to one room in the dwelling and the entrance to such space must be within the dwelling unit.
c. Allowed Uses
Only the following uses are permitted as a home occupation businesses:
1. General Office
2. Personal Service - General
3. Retail - General: Online sales only.
Pomona, California | Zoning & Development Code 5-77
Accessory Uses and Structures Part 5 | Use
DRAFT May 16, 2024
d. Employees and Customers
1. No more than 1 non-resident employee is allowed on site at a given time.
2. No more than 1 customer or client is allowed on site at a given time.
3. Customers or clients are only allowed between the hours of 7AM and 7PM. e. Deliveries
The use of commercial vehicles for the delivery of materials or equipment to or from the premises is expressly prohibited.
7. Cottage Food Operation
Cottage food operations are allowed accessory to all dwelling unit uses in all Use Modules. a. General
1. At least 1 person engaged in a cottage food operation must reside in the dwelling unit where the cottage food operation takes place.
2. No more than 1 vehicle used in association with the cottage food operation is permitted to be parked on-site at any time.
3. A cottage food operation must be permitted by the Los Angeles County Department of Public Health and must operate in a manner consistent with the restrictions imposed by the County of Los Angeles, Department of Public Health.
4. Cottage food operations may sell food products permitted of the type and in the manner consistent with the class of operation as permitted by the County of Los Angeles, Department of Public Health.
5. A cottage food operation permit is not transferable. A permit for each new cottage food operation must be applied for. Notwithstanding the foregoing, a cottage food operation permit is not transferable between:
a) Persons;
b) Locations;
c) Change in class; and
d) Types of distribution.
6. There must not be more than one cottage food operation permit in any dwelling unit. b. Design
1. Any cottage food operation must be confined entirely to one room in the dwelling and the entrance to such space must be within the dwelling unit.
2. Any cottage food operation must only cover the registered or permitted area, as permitted by the County of Los Angeles, Department of Public Health.
3. Any use of commercial kitchen equipment for cottage food operations must comply with all 5-78 Zoning & Development Code | Pomona, California
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Federal, State, and local laws.
c. Employees and Customers
1. No more than 1 non-resident employee is allowed on site at a given time.
2. No more than 1 customer or client is allowed on site at a given time.
3. Customers or clients are only allowed between the hours of 7AM and 7PM, and in a manner consistent with requirements of the County of Los Angeles, Department of Public Health. d. Deliveries
Any cottage food operation may have delivery of materials or equipment subject to the following limitations:
1. No deliveries by any commercial vehicle may occur between the hours of 6PM and 8AM;
2. No more than 1 delivery vehicle may visit the site at the same time, and no more than 3 commercial vehicles may visit the site per day;
3. Any delivery vehicle must comply with local residential parking, stopping, noise, and size restrictions.
e. Storage
Any cottage food operations may store food and associated products in the manner consistent with requirements of the County of Los Angeles, Department of Public Health, and with all applicable State, County, and local laws.
8. Home-Based Business
Home-based businesses are allowed accessory to all dwelling unit uses in all Use Modules. a. General
1. No more than 1 home-based business is allowed per dwelling unit.
2. At least 1 person engaged in a home-based business must reside in the dwelling unit where the home-based business takes place.
3. No more than 1 vehicle used in association with the home-based business is permitted to be parked on-site at any time.
4. Any activities related to the business must take place within the dwelling unit or an otherwise allowed enclosed accessory structure (such as a shed or enclosed garage).
5. The urban farm or urban garden must abide by Sec. 18-222 (Public Nuisance) in the City Code.
b. Design
Any home-based business must be confined entirely to one room in the dwelling and the entrance to such space must be within the dwelling unit.
Pomona, California | Zoning & Development Code 5-79
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DRAFT May 16, 2024
c. Allowed Uses
Only the following uses are permitted as home-based businesses:
1. General Office
2. Personal Service - General
3. Retail - General
d. Employees and Customers
1. No more than 3 non-resident employees are permitted on site at a given time.
2. No more than 4 customers or clients are permitted on site at a given time.
3. No more than 20 customers or clients are permitted to visit a home-based business within a 24-hour period.
4. Customers or clients are only allowed between the hours of 7AM and 7PM. e. Deliveries
Any home-based business may have delivery of materials or equipment subject to the following limitations:
1. No deliveries by any commercial vehicle may occur between the hours of 6PM and 8AM;
2. No more than 1 delivery vehicle may visit the site at the same time, and no more than 1 commercial vehicle may visit the site per day;
3. Any delivery vehicle must comply with local residential parking, stopping, noise, and size restrictions.
9. Accessory Commercial Unit (ACU)
ACUs are permitted as accessory to any single-unit home located in the R1 Use Module. a. General
1. No more than 1 ACU is permitted per single-unit home.
2. At least 1 person engaged in an ACU must reside in the single-unit home associated with the ACU.
3. All activities related to the business must take place within the ACU structure.
4. No equipment or process is permitted in connection with the ACU unit that creates noise, vibration, glare, fumes, odors, or electrical interference detectable to the normal senses, off the premises.
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b. Allowed Uses
Only the following uses are allowed within an ACU:
1. Child Day Care;
2. Medical Clinic;
3. General Office;
4. Personal Services - General;
5. Retail - General; and
6. Food and Beverage Manufacturing - Small.
c. Design
1. Maximum structure height: 12 feet
2. Maximum area of use: 600 gross square feet
3. Location: ground story garage conversion only
4. Must have a direct ADA-accessible entrance separate from any entrance in connection with the single-unit home.
5. Must not allow customer access to the single-unit home.
6. Any interior areas accessible to customers must be fully finished and conditioned.
7. An ACU must not be concurrently used as a garage as defined in Sec. 550.B.5. (Garage). d. Employees and Customers
Customers or clients are only allowed between the hours of 7AM and 10PM. e. Deliveries
Any ACU may have delivery of materials or equipment subject to the following limitations:
1. No deliveries by any commercial vehicle may occur between the hours of 6PM and 8AM;
2. No more than 1 delivery vehicle may visit the site at the same time, and no more than 3 commercial vehicles may visit the site per day;
3. Any delivery vehicle must comply with local residential parking, stopping, noise, and size restrictions.
10. Accessory Dwelling Unit (ADU)
a. One ADU is allowed in addition to 1 junior accessory dwelling unit (JADU) as defined in Sec. 550.B.13.
b. Any ADU must meet the standards of Sec. 830.A. (Accessory Dwelling Units), and the California Government Code (Title 7).
Pomona, California | Zoning & Development Code 5-81
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DRAFT May 16, 2024
11. Junior Accessory Dwelling Unit (JADU)
a. One JADU is allowed within the primary structure, in addition to 1 accessory dwelling unit (ADU) as defined in Sec. 550.B.12.
b. Any JADU must meet the standards of Sec. 830.A. (Accessory Dwelling Units), and the California Government Code (Title 7).
12. Outdoor Storage
In the IX1, I1, I2, and I3 use modules, accessory outdoor storage uses are permitted subject to the following standards:
a. General
1. Storage material must not be located in designated fire lanes, drive aisles, off-street parking areas, or loading areas.
2. Outdoor storage of vehicles is limited to the number of vehicles required for the primary use operation.
3. Must not include the outdoor storage of trucks or chassis. b. Screening
1. Any outdoor storage material must be screened by a fence or wall.
2. Any outdoor storage material within the first 100 feet of any street-facing property line must not be visible from the public right-of-way.
c. Height
1. Any outdoor storage items within the first 250 feet of any street facing lot line must not exceed the height of the screen fence or wall.
2. Any outdoor storage items beyond the first 250 feet of any street-facing lot line may not exceed 10 feet in height.
3. Maximum height standards must not apply to specialized equipment such as cranes or other similar equipment as determined by the Development Services Director. d. Property Maintenance Program
A Property Maintenance Program must be submitted for review and approval by the Development Services Director or their designee prior to the issuance of building permits, business license, or business license renewal. The program must do the following:
1. Identify the location for all outdoor storage areas.
2. Identify the maximum height for all outdoor storage areas.
3. Identify all materials intended for outdoor storage.
4. Provide any Fire Department approvals, if applicable, due to the type of materials being 5-82 Zoning & Development Code | Pomona, California
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stored.
5. The methods and maximum intervals for maintenance of each outdoor storage area.
13. Private Garden
A private noncommercial food-producing garden that is accessory to a household living or public assembly use which is located in the front yard, side yard, rear yard, rooftop, courtyard, balcony, fence, wall, window sill or basement.
Pomona, California | Zoning & Development Code 5-83
Temporary Uses and Structures Part 5 | Use
DRAFT May 16, 2024
Sec. 560. Temporary Uses and Structures
560.A. General Provisions
This section controls and regulates temporary land use activities on private property which may adversely affect the public health, safety, and welfare. Temporary uses are distinct from accessory uses and primary uses, and are characterized by their short-term or seasonal nature. Temporary uses and structures do not include any permanent improvement made to a site.
1. Permit Required
All temporary uses or structures must obtain a temporary use permit pursuant to the procedures described in Temporary Use Permit (Sec. 1180.X.), unless otherwise noted in the standards in Sec. 560.C.
2. Uses and Structures Not Listed
See Determination of Similarity (Sec. 530.A.2.).
560.B. Defined
1. Seasonal Outdoor Sales
Seasonal outdoor sales uses include Christmas tree lots, pumpkin lots, and other temporary sales events unrelated to the primary use (if any) on a site. Such uses are typically located on vacant lots, parking lots, or similar large open areas on private property.
2. Outdoor Amusement or Assembly
Events involving the assembly of groups of people outdoors for entertainment purposes, typically with vendors, booths, rides and other attractions. Examples include circuses, carnivals, fairs, festivals, or similar amusement enterprises.
3. Garage Sale or Yard Sale
The sale of miscellaneous household goods by a resident of a dwelling unit, customarily within the garage or front yard of said unit.
4. Car Wash
The outdoor cleaning of motor vehicles, other than the normal operation of a permanent car wash facility.
5. Construction Office or Sales Showroom
A temporary structure used to administer construction activities on a site.
6. Mobile Food Vendor (Food Truck or Food Cart)
A mobile food operation which sells food, beverages and related goods from a parked vehicle or tent.
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7. Portable Residential Storage Unit
Portable, weather-resistant, commercially leased or rented receptacle designed and used for the storage or shipment of personal property, building materials or merchandise. The term does not include trash containers, dumpsters, construction debris containers, or containers with a storage capacity of less than 200 cubic feet.
560.C. Standards
1. General Standards for all Temporary Uses
a. Duration and Frequency
1. The duration of a temporary use and any associated structures cannot exceed 180 consecutive calendar days. However, temporary uses and structures needed as the result of a natural disaster or other health and safety emergency are allowed for the duration of the emergency.
2. A temporary use and any related structure, equipment, material, or other item must be removed from the property by the expiration date of a permit issued, or no later than 180 calendar days after the commencement of the use.
b. Compliance with Other Regulations
1. Proposed temporary uses cannot endanger or be detrimental to the public health, safety, and welfare, and cannot impair the normal and safe operation of a primary or accessory use or uses on the same property or any adjacent property.
2. Temporary uses must comply with all applicable food safety, health, fire, building and other governmental standards and regulations.
3. Temporary uses on commercial or industrial property must be limited to car washes, candy sales and other activities by tax exempt organizations pursuant to the Federal Revenue and Taxation Code (Sec. 501(c).), with no limitation on number of occasions and duration.
4. All signage associated with a temporary use must meet the standards and regulations of Sec. 630. (Signs).
c. Other Conditions
1. Temporary uses must comply with any conditions imposed as a part of their temporary use permit, if applicable.
2. Seasonal Outdoor Sales
a. Seasonal outdoor sales uses are permitted on all properties in all Use Modules. b. Seasonal outdoor sales uses are allowed for up to 30 consecutive calendar days, and up to twice per year per site.
c. An on-site manager is required during all hours of operation.
Pomona, California | Zoning & Development Code 5-85
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DRAFT May 16, 2024
3. Outdoor Amusement or Assembly
a. Outdoor amusement or assembly temporary are permitted on all properties in all Use Modules. b. In the R1 Use Module, notices must be mailed to all property owners within 400 feet, 21 days prior to the event date.
c. Outdoor amusement or assembly uses are limited to a maximum duration of 10 calendar days. d. Any related rides or equipment must meet all applicable safety regulations and certifications, and are subject to inspection.
4. Garage Sale or Yard Sale
Garage sales and yard sales must meet the standards and regulations of Art. 12. of the Pomona City Code (Yard Sales).
5. Car Wash
a. A temporary use permit is not required.
b. Temporary car washes may not be located on the public right-of-way. c. A temporary car wash may not be in place for more than 3 consecutive days. d. No more than 4 temporary car washes per calendar year are allowed on a lot.
6. Construction Office or Contractor Shop
a. A temporary use permit is not required for a construction office or contractor shop which meets the following standards:
1. A trailer coach, mobile home, or other manufactured housing unit may be used as a temporary construction office or contractor shop.
2. Construction offices or contractor shops must be located on the lot where related construction activities are taking place.
3. The office or shop must be removed from a site within 10 days after final inspection of the permanent structure, or before the expiration of the corresponding building permit, whichever occurs first.
7. Mobile Food Vendor (Food Truck or Food Cart)
Mobile food vendors must meet all applicable state, county, and local health and safety regulations.
See Ch. 30. (Licenses, Permits and Miscellaneous Regulations).
8. Portable Residential Storage Unit
a. A temporary use permit is not required for a portable residential storage unit which meets the following standards:
b. No more than 1 portable storage unit may be located on a lot at one time. c. A portable storage unit may not be located on a lot for greater than 30 consecutive days. 5-86 Zoning & Development Code | Pomona, California DRAFT May 16, 2024 d. A portable storage unit may not be larger than 8 feet in height, 8 feet in width, and 16 feet in length.
e. Portable storage units must remain securely locked outside periods of loading or unloading.
DRAFT May 16, 2024 Pomona, California | Zoning & Development Code 5-87 5-88 Zoning & Development Code | Pomona, California DRAFT May 16, 2024 DRAFT May 16, 2024 Pomona, California | Zoning & Development Code 6-1 Subpart 6A. Site Introduction 6-3
Sec. 600. General Provisions 6-4
Subpart 6B. Site Rules 6-7
Sec. 610. Parking and Access 6-8
Sec. 620. Landscaping and Screening 6-39
Sec. 630. Signs 6-69
Sec. 640. Environmental Protection 6-69
Part 6.
SITE
6-2 Zoning & Development Code | Pomona, California DRAFT May 16, 2024 DRAFT May 16, 2024 Pomona, California | Zoning & Development Code 6-3 Subpart 6A.
SITE INTRODUCTION
Sec. 600. General Provisions 6-4
600.A. Site Intent 6-4
600.B. Site Applicability 6-4
6-4 Zoning & Development Code | Pomona, California DRAFT May 16, 2024 Part 6 | Site Site Intent
Sec. 600. General Provisions
600.A. Site Intent
The intent of Part 7 is to regulate site design, including location and characteristics of access, parking, landscape and other site features. Site standards consist of a combination of regulations that are appropriate to a variety of contexts ranging from auto-oriented to pedestrian-oriented. 600.B. Site Applicability
1. Project Applicability
All projects filed after the effective date of this Zoning and Development Code must comply with the Site standards and rules in this Part, as further specified.
2. Project Activities
Categories of Site rules apply to a project based on what types of project activities are proposed, as shown in the table below. Typically, more than one project activity will apply to a proposed project (for example, an addition that expands an existing use includes both new construction and a use modification).
Project Activities
Site Rules
SubdivisionNew ConstructionAddition Site Modification Facade ModificationChange of Use Renovation Maintenance and Repair Parking and Access
Sec. 610.A. Vehicle Access
Sec. 610.B. Pedestrian Access
Sec. 610.C. Automobile Parking
Sec. 610.D. Motor Vehicle Use Areas
Sec. 610.E. Bicycle Parking
Landscaping and Screening
Sec. 620.A. Parking Lot Landscaping
Sec. 620.B. Transition Buffers
Sec. 620.C. Frontage Screens
Sec. 620.D. Structural Screens
Sec. 620.E. Fence and Wall Standards
Sec. 620.F. Planting Standards
Sec. 620.G. Retaining Walls
DRAFT May 16, 2024 Pomona, California | Zoning & Development Code 6-5 Site Applicability Part 6 | Site
Project Activities
Site Rules
SubdivisionNew ConstructionAddition Site Modification Facade ModificationChange of Use Renovation Maintenance and Repair Signs
Sec. 630. Signs
Environmental Protection
Sec. 640.A. Outdoor Lighting
Sec. 640.B. Recycling and Solid
Waste Disposal
Sec. 640.C. Floodplains
Sec. 640.D. Operational Performance
Standards
= Standards apply = Standards are not applicable
a. Project activities are defined in Sec. 1200.A. (Project Activities). b. Where a category of Site rules is listed as generally applicable in the table above, the project activity must meet all applicable Site standards within the Section. This general applicability may be further specified for each standard in the applicability provisions for each Site standard.
Project applicability may also be modified by Sec. 11110. (Nonconformities). Where a category of Site rules is listed as not applicable in the table above, no standards from that Site rule category apply to the project activity.
3. Nonconformity
Sec. 11110. (Nonconformities) provides relief from the exceptions of Part 6 for existing lots, site improvements, buildings, structures, and uses that conformed to the zoning regulations, if any, at the time they were established, but do not conform to current district standards or use permissions.
A project activity must not decrease conformance with any Site regulation unless otherwise specified by Sec. 11110.L. (Site Exceptions). Consider the following example:
a. Extending a fence in a side yard: Where the existing, legally established fence located in a side yard is taller than the maximum height allowed by the fences and walls type specified by the applicable Frontage Module, all new portions of fence built in the front yard have to meet the maximum fence and wall height standard, but no existing fence alteration is required.
4. Applicable Components of Lots and Structures
a. Site rules apply to all portions of a lot.
b. Site rules apply to all portions of buildings and structures on a lot. c. Specific Site rules may further limit which components of structures and lots are required to comply with the rules.
6-6 Zoning & Development Code | Pomona, California DRAFT May 16, 2024 Part 6 | Site Site Applicability
DRAFT May 16, 2024 Pomona, California | Zoning & Development Code 6-7 Subpart 6B.
SITE RULES
Sec. 610. Parking and Access 6-8
610.A. Vehicle Access 6-8
610.B. Pedestrian Access 6-12
610.C. Automobile Parking 6-21
610.D. Motor Vehicle Use Areas 6-32
610.E. Bicycle Parking 6-35
Sec. 620. Landscaping and Screening 6-39
620.A. Parking Lot Landscaping 6-39
620.B. Transition Buffers 6-41
620.C. Frontage Screens 6-48
620.D. Structural Screens 6-54
620.E. Fence and Wall Standards 6-58
620.F. Planting Standards 6-62
620.G. Retaining Walls 6-67
Sec. 630. Signs 6-69
Sec. 640. Environmental Protection 6-69
640.A. Outdoor Lighting 6-69
640.B. Recycling and Solid Waste Disposal 6-73
640.C. Floodplains 6-75
640.D. Operational Performance Standards 6-75
6-8 Zoning & Development Code | Pomona, California DRAFT May 16, 2024 Part 6 | Site Vehicle Access
Sec. 610. Parking and Access
610.A. Vehicle Access
A means for a motor vehicle to approach or enter a place.
1. Intent
To ensure motor vehicle access to sites to support the safety of all users by minimizing conflicts with pedestrians, cyclists, emergency service vehicles, transit vehicles, micro-mobility devices, and motor vehicles on the abutting public right-of-way, and to avoid detrimental effects on the surrounding public realm, while providing sufficient access to structures, vehicle parking and other motor vehicle use areas.
2. Applicability
a. Any lot that provides access to motor vehicles.
b. A permit is required for any cutting of the curb or pavement of a public right-of-way to provide vehicle access to a property. A driveway must only be installed after the issuance of a permit by the Public Works Director.
3. General
a. All existing and proposed development that provides on-site parking must provide a satisfactory means of motor vehicle access to and from a street or alley. b. Each lot is permitted at least one driveway or one fire apparatus access road unless otherwise modified by the Development Services Director.
c. Driveways and fire apparatus access roads must be located to minimize conflicts with pedestrians, cyclists, and motor vehicles on the abutting public right-of-way. d. Driveways and fire apparatus access roads near intersections must comply with city standard A-27-10.
e. No new driveway is allowed within six feet of fire hydrant. f. On corner lots, driveways and fire apparatus access roads must be placed along a side street or alley, unless otherwise permitted by the Development Services Director.
4. Access Road Spacing
The minimum spacing requirements between driveway and fire apparatus access road curb cuts along a public street.
a. Applicability
1. All driveways serving an on-site parking area with 5 or more parking spaces.
2. All fire apparatus access roads.
DRAFT May 16, 2024 Pomona, California | Zoning & Development Code 6-9 Vehicle Access Part 6 | Site
b. Standards
No new driveway serving 5 or more parking spaces or new fire apparatus access road is permitted to be located closer to any other driveway on the site than the minimum spacing listed below. The table provides criteria that will be used in making a determination. Additional driveways or fire apparatus roads may be considered by the Development Services Director.
ROADWAY CLASSIFICATION SPACING (MIN)
Major Arterial 250'
Minor Arterial 200'
Collector 150'
Local 100'
Alley Unlimited
c. Measurement
Driveway and fire apparatus access road spacing is measured along the street lot line from edge of pavement to edge of pavement from all existing and proposed driveways located on-site.
5. Driveway Design
a. Applicability
All driveways serving an on-site parking area of any size, except for driveways that take access from an alley.
b. Standards
1. General Provisions
All driveways must meet the following standards.
DRIVEWAY STANDARDS
Driveway Type Number of
driveways per lot
(max)
Number of lanes
per driveway
(max)
Lane width (min/max)
Primary St. Side St.
Driveway serving up to 10 onsite parking spaces 1 1 8'/10' 8'/11' Driveway serving 11 to 50 onsite parking spaces 1 2 8'/11' 8'/12' Driveway serving more than
51 to 100 on-site parking
spaces
2 2 9'/12' 9'/12'
Driveway serving more than
100 on-site parking spaces 3 3 9'/12' 9'/12'
Driveway serving an off-street
loading facility (of any size
parking area)
-- 2 12'/20' 12'/20'
6-10 Zoning & Development Code | Pomona, California DRAFT May 16, 2024 Part 6 | Site Vehicle Access
2. Hollywood Driveway
For driveways serving up to 5 on-site parking spaces, a Hollywood driveway is allowed as an alternative to a fully paved driveway.
i. The concrete strips in a Hollywood driveway must be at least 2 feet in width. When the concrete strip is also used as a walkway, the width of strips must be increased to at least 3 feet.
ii. Within the right-of-way, the driveway must be fully paved along its total width, pursuant to the Public Works Department's Standard Drawings (Sec. XX.).
Street
Fully Paved
2’ (min)
6. Fire Apparatus Access Road Design
a. Applicability
All fire apparatus access roads.
b. Standards
1. All fire apparatus access roads must meet the design standards of a Residential Case 2 roadway type as defined in the Public Works Department's Standard Drawings (Sec. XX.).
2. All fire apparatus access roads are considered secondary streets and are subject to the frontage standards of Part 4. (Frontage).
3. At the discretion of the LA County Fire Department, a fire apparatus access road may take access from a street or fire apparatus access road located on an adjoining property if a reciprocal easement agreement is established.
DRAFT May 16, 2024 Pomona, California | Zoning & Development Code 6-11 Vehicle Access Part 6 | Site
7. Measurement
a. Driveway lane width is measured separately for each driveway lane. b. Driveway lane width is measured for each driveway lane from edge of designated lane to edge of designated lane along the street lot line.
c. Driveway width includes all driveway lanes within a driveway, and is measured between a driveway's outer edges along the street lot line.
Street
Lane
Width
Driveway
Width
Lane
Width
d. The outer edge of a fire apparatus access road cross section, labeled as a 'property line' or 'P.L.' in the Public Works Department's Standard Drawings (Sec. XX.), is equivalent to a street lot line for the purposes of measuring frontage rules in Subpart 4C. (Frontage Rules).
8. Relief
a. An alternative to a fire apparatus access road design standard may be requested in accordance with Sec. 1180.F. (Alternative Compliance).
b. A deviation from a fire apparatus access road design standard may be allowed as a variance in accordance with Sec. 1170.E. (Variance).
6-12 Zoning & Development Code | Pomona, California DRAFT May 16, 2024 Part 6 | Site Pedestrian Access
610.B. Pedestrian Access
A means for a pedestrian to approach or enter a place.
1. Intent
To promote walkability, improve pedestrian access from the public realm to the interior of buildings, ensure that required entrances are conveniently and effectively accessible to pedestrians, and activate the public realm with building access points and improve convenient pedestrian circulation through large sites to an extent and frequency appropriate to the context.
2. Applicability
a. Site Access
Site access standards apply to all required street-facing entrances (Sec. 4110.A.). Site access standards do not apply to non-required entrances.
b. Through Access
1. Through access standards apply only to projects that include one or more of the following project activities:
i. Site modification; and
ii. New construction.
2. Through access standards apply only to lots that meet all of the following conditions:
i. Lot area is greater than 2 acres; and
ii. Lot is a through lot or abuts either a public right-of-way or publicly accessible easement or open space.
3. Standards
a. By District
Lots must meet the following site and through access requirements for the applicable zoning district.
PEDESTRIAN ACCESS BY DISTRICT
District Type Site Access Packages Through Access Standards 1 2 3 Passageway Spacing (max)
RND -- Required -- Required 400’
NED -- Required -- Required 300’
UND Required -- -- Required 300’
ACD Required -- -- Required 300’
TOD Required -- -- Required 300’
WD -- -- Required Required 600’
SCD -- -- Required Required 500’
PLD -- -- -- -- --
DRAFT May 16, 2024 Pomona, California | Zoning & Development Code 6-13 Pedestrian Access Part 6 | Site
b. Site Access Packages
1. Site Access Package 1
i. Intended to ensure buildings are highly integrated with the surrounding public realm and promote walking as a safe and convenient mobility option through frequent physical connections between the public realm and the interior of a building and improved porosity through large sites.
ii. A minimum of one direct pedestrian accessway (Sec. 610.B.3.e.) must be provided to each required street-facing entrance.
Primary Street
Side Street
2. Site Access Package 2
i. Intended to ensure buildings are conveniently accessible from the public realm and promote walking as a safe and convenient mobility option through regular physical connections between the public realm and the interior of a building and improved porosity through very large sites.
ii. A minimum of one direct pedestrian accessway (Sec. 610.B.3.e.) must be provided for each primary street lot line and side street lot line.
iii. Pedestrian accessway spacing can be no more than 100 feet. iv. Pedestrian accessway spacing can be no more than 100 feet from a street intersection. v. All required entrances must be accessible from a pedestrian accessway.
Primary Street
100’ (max)
100’
(max)
100’ (max)
Side Street
100’ (max)
100’ (max)
6-14 Zoning & Development Code | Pomona, California DRAFT May 16, 2024 Part 6 | Site Pedestrian Access
3. Site Access Package 3
i. Intended to ensure buildings are accessible from the public realm by requiring a physical connection between the public realm and the interior of a building. ii. A minimum of one direct pedestrian accessway (Sec. 610.B.3.e.) or one linked pedestrian accessway (Sec. 610.B.3.d.) must be provided along the primary street lot line. iii. All required entrances must be accessible from a pedestrian accessway.
Side Street
Primary Street
c. Pedestrian Accessways Standards
1. Pedestrian accessways must connect to the sidewalk, or other publicly accessible pedestrian-facility along the street lot line, to a required street-facing entrance.
2. Pedestrian accessways must be at least 6 feet wide.
3. Finished ground or floor surfaces must be stable, firm and slip resistant in accordance with ADA floor and ground surface standards.
4. Pedestrian accessways must be physically separated from and uninterrupted by motor vehicle use areas except where required to cross a drive-aisle. Drive-aisle crossings must be the shortest practical.
Pedestrian
Accessway
Primary Street
Street-Facing Entrance
Sidewalk
DRAFT May 16, 2024 Pomona, California | Zoning & Development Code 6-15 Pedestrian Access Part 6 | Site
d. Linked Pedestrian Accessway Standards
1. Must be a minimum width of 6 feet.
2. Must connect from the sidewalk, or other publicly accessible pedestrian facility along the applicable frontage lot line, to a street-facing entrance required by the applicable Frontage Module (Subpart 4B.) within the frontage yard.
3. Must be physically separated from and uninterrupted by motor vehicle use areas except where required to cross a drive aisle. Drive aisle crossings must be no wider than the minimum drive aisle width specified in Sec. 610.C.3.b.5.ii. (Parking Bays and Drive Aisles).
Physical separation methods may include, curbs of no less than 4 inches in height or bollards, walls, raised planters or similar containment methods, no less than 30 inches in height and separated by no more than 5 feet.
Pedestrian
Accessway
Primary Street
Street-Facing Entrance
Sidewalk
4. Where a retaining wall, open drainage, or similar obstacle interrupts a required pedestrian accessway, the pedestrian accessway must be designed to facilitate passage through or over the obstacle.
Public Sidewalk
Street-Facing Entrance
6-16 Zoning & Development Code | Pomona, California DRAFT May 16, 2024 Part 6 | Site Pedestrian Access
e. Direct Pedestrian Accessway Standards
1. Must comply with Sec. 610.B.3.d. (Linked Pedestrian Accessway Standards).
2. A minimum of one pedestrian accessway must be provided to each street-facing entrance required by the applied Frontage Module (Subpart 4B).
3. The connection to the public sidewalk must be within 25 feet of the center of the streetfacing entrance, measured parallel to the applicable lot line.
Entrance Center Line
25’ (max)
Public Sidewalk
25’ (max)
Street-Facing Entrance
DRAFT May 16, 2024 Pomona, California | Zoning & Development Code 6-17 Pedestrian Access Part 6 | Site
f. Through Lot
1. Pedestrian Passageway
When a pedestrian passageway is required (Sec. 610.B.3.c.), a pedestrian passageway meeting the following requirements must be provided:
i. The pedestrian passageway must connect from the public sidewalk on the primary street through the lot to either the public sidewalk, alley, other public way or easement abutting the opposing lot line.
ii. The pedestrian passageway must be a minimum width of 15 feet for uncovered portions and a minimum width of 25 feet for covered portions.
iii. The pedestrian passageway must have a minimum clear height of 15 feet, with the exception of required luminaires.
25’ (min)
15’
(min)
UNCOVERED COVERED
15’ (min)
iv. The centerline of the pedestrian passageway must be located within 75 feet of the sidewalk access point on the primary street, measured parallel to the primary street lot line.
v. The pedestrian passageway must take access from the sidewalk along the primary street lot line a minimum of 125 feet from a street intersection.
Primary Street
Primary Street
Side Street
125’ (min)
125’ (min)
75’ (max)
6-18 Zoning & Development Code | Pomona, California DRAFT May 16, 2024 Part 6 | Site Pedestrian Access
vi. The pedestrian passageway must be physically separated from and uninterrupted by motor vehicle use areas except where required to cross a drive-aisle. Drive-aisle crossings must be the shortest practical.
vii. The pedestrian passageway must be illuminated in accordance with Sec. 630.A. (Outdoor Lighting).
viii. The pedestrian passageway must be made permanently available to the general public, at no cost, between sunrise and sunset daily, or during the operating hours of the building, whichever would result in a longer period of time. Gates or other barriers must not block any portion of a pedestrian passageway from pedestrian access during the required available hours.
ix. Pedestrian passageways may count towards required outdoor amenity space if they meet the requirements of Sec. 380.B. (Outdoor Amenity Space Design Standards).
2. Pedestrian Passageway Spacing
i. Pedestrian passageways cannot be separated from another pedestrian passageway or the end of a primary street lot line by a distance greater than the maximum allowed pedestrian passageway spacing specified in Sec. 610.B.3. ii. The maximum pedestrian passageway spacing requirement must be met for each lot individually and is not applicable to adjacent or abutting lots.
4. Measurement
a. Pedestrian Accessways
1. Pedestrian accessway width is measured from one edge of the accessway perpendicularly to the opposite edge.
2. Pedestrian accessway spacing is measured as the distance between pedestrian accessways measured following the geometry of the frontage lot line from end of lot line to edge of pedestrian accessway and from edge of pedestrian accessway to edge of pedestrian accessway.
Side Street
Primary Street
Spacing (max)
Spacing (max)
Spacing (max)
DRAFT May 16, 2024 Pomona, California | Zoning & Development Code 6-19 Pedestrian Access Part 6 | Site
3. Pedestrian accessway distance from a street intersection is measured from the intersection of two street lot lines to the nearest edge of a pedestrian accessway measured along the street lot line.
Side Street
Primary Street
Street Intersection Distance from
b. Pedestrian Passageways
1. Pedestrian passageway width is measured from one edge of the designated passageway perpendicularly to the opposite edge of the passageway.
2. Access distance from street intersection is measured from the point where two street lot lines intersect adjacent to a street corner to the nearest edge of a required pedestrian passageway, measured along the street lot line.
Primary Street
Side Street
Distance from
Street Intersection
Primary Street Lot Line
Side Street Lot line
Pedestrian Passageway
6-20 Zoning & Development Code | Pomona, California DRAFT May 16, 2024 Part 6 | Site Pedestrian Access
3. Pedestrian passageway spacing is measured as the horizontal distance between designated pedestrian passageway passageways measured at the primary street lot line from end of lot line to edge of passageway and from edge of passageway to edge of passageway. Side Street Primary Street Primary Street
Spacing (max) Spacing (max) Spacing (max)
Spacing (max) Spacing (max) Spacing (max)
DRAFT May 16, 2024 Pomona, California | Zoning & Development Code 6-21 Automobile Parking Part 6 | Site
610.C. Automobile Parking
Space within a structure or surface parking area, exclusive of driveways, ramps, columns, office, and work areas, for the parking of automobiles. Does not include bicycle parking.
1. Intent
a. To help ensure automobile parking areas and structures are designed to create safe, comfortable and attractive environments for users and pedestrians, while also mitigating negative environmental effects through landscaping and surface design. b. To reduce parking demand, support the use of alternative forms of transportation, promote reuse and redevelopment of existing buildings, reduce the overall cost of construction and development and increase the overall efficiency and use of taxable land within the city.
2. Applicability
a. All uses established in accordance with Part 5 (Use). b. When provided, all on-site parking areas must meet the following requirements.
3. Standards
a. Required Parking
1. General
i. Automobile parking must be provided in accordance with the following table.
REQUIRED AUTOMOBILE PARKING
Use Required Off-Street Parking Spaces (min)
RESIDENTIAL
All:
1st 3 dwelling units none
4th+ dwelling units 1 per 1 du after 3rd du
NONRESIDENTIAL
All:
Under 15,000 SF none
15,000+ SF subject to a parking study
ii. When the application of these regulations results in the requirement of a fractional automobile parking space, fractions of ½ or more are counted as 1 space. 6-22 Zoning & Development Code | Pomona, California DRAFT May 16, 2024 Part 6 | Site Automobile Parking
2. Parking Study
i. Any nonresidential project with over 15,000 square feet of gross floor area must submit a parking study, prepared by a qualified professional with demonstrated experience in transportation planning and traffic engineering. The parking study must provide the anticipated travel demand for the project and how the anticipated travel demand will be met on-site or off-site, including:
a) Number of on-street vehicle parking spaces, off-street vehicle parking spaces, or shared vehicle parking arrangements. If provided, parking ratios should be specified for each group of proposed uses.
b) Number of short-term and long-term vehicle and bicycle parking spaces. c) Accommodations for pedestrians, cyclists, motorists, transit riders, and the mobility-impaired.
d) The strategies that will be employed to reduce single-occupancy vehicle trips, reduce vehicle miles traveled by site users, and promote transportation alternatives such as walking, cycling, ride-sharing, and transit.
e) The modal share objectives that will be sought from the implementation of Transportation Demand Management (TDM) strategies.
ii. TDM strategies should include, but not be limited to, the following:
a) Walking, cycling, ride-sharing, and transit promotion and education. b) Parking cash-out programs or unbundled parking/market rate pricing. c) Shared parking arrangements.
d) Enhanced bicycle parking and services (above the minimum required). e) Support for car-share and bike-share services and facilities. f) Carpooling or van-pooling programs or benefits.
g) Free or subsidized transit passes, transit-to-work shuttles, or enhanced transit facilities (such as bus shelters).
h) Guaranteed ride home (GRH) programs.
i) Provision for alternative work schedules (i.e., flextime, compressed work week, staggered shifts, work from home).
j) Promotion of “live near your work” programs.
iii. In making a decision on the number of required off-street parking spaces, the Development Services Director must consider the following:
a) The extent to which the project includes performance objectives to minimize single-occupancy vehicle trips and maximize the utilization of transportation alternatives to the extent practicable, taking into account the opportunities and constraints of the site and the nature of the development.
DRAFT May 16, 2024 Pomona, California | Zoning & Development Code 6-23 Automobile Parking Part 6 | Site
b) The extent to which the project meets the anticipated transportation demand without placing an unreasonable burden on public infrastructure, such as the availability of transit and on-street parking facilities within the neighborhood.
3. Substituting Required Automobile Parking
i. Bicycle Parking
a) Required automobile parking spaces may be substituted with longterm bicycle parking in the form of bike lockers or enclosed bicycle storage rooms at a ratio of 1 automobile parking space for every 4 bicycle parking spaces that meet the standards of Sec. 610.E.3.a. (Required Bicycle Parking Spaces). b) Nonresidential uses subject to a parking study (Sec. 610.C.3.a.2.) may substitute up to 20% of their projected automobile parking spaces with bicycle parking. c) Residential uses may substitute up to 10% of the required automobile parking with bicycle parking.
ii. Ride-Sharing
a) Required automobile parking spaces may be substituted with a dedicated rideshare pick-up/drop-off space at a ratio of 3 automobile parking spaces for every 1 off-street ride-share pick-up/drop-off space that meets the standards of Sec. 610.C.3.b. (Parking Area Design).
b) All ride-share pick-up/drop-off spaces must be clearly and visibly marked with signage.
c) Wayfinding signage that is visible from the primary street must be provided along the primary street frontage to direct ride-share drivers to dedicated ride-share pickup/drop-off spaces. d) Nonresidential uses subject to a parking study (Sec. 610.C.3.a.2.) may substitute up to 20% of their projected automobile parking spaces with ride-share pick-up/dropoff spaces. e) Residential uses may substitute up to 10% of the required automobile parking with ride-share pick-up/drop-off spaces.
4. Shared Parking
To minimize underutilized parking spaces, the total number of required automobile parking spaces may be reduced when an applicant demonstrates that automobile parking spaces can be shared among multiple uses and sites. The parking strategy must meet all of the following criteria:
i. A shared parking facility must be located within a 660-foot (1/8th of a mile) walking distance of each participating use.
ii. Participating uses must have mutually exclusive periods of peak parking demand, and must prove documentation demonstrating legal authority to utilize shared parking spaces during hours of operation of said use.
6-24 Zoning & Development Code | Pomona, California DRAFT May 16, 2024 Part 6 | Site Automobile Parking
iii. The shared parking strategy will sufficiently alleviate the demand for the specified number of required parking spaces.
5. Accessible Parking
i. Accessible parking spaces must be provided in accordance with the requirements of the Americans with Disabilities Act (Title III) and the California Building Code (Sec. 1108A). ii. One accessible parking space is equivalent to one standard parking space when calculating a project's required parking (Sec. 610.C.3.a.).
DRAFT May 16, 2024 Pomona, California | Zoning & Development Code 6-25 Automobile Parking Part 6 | Site
b. Parking Area Design
1. Applicability
Applies to all sites where 6 or more on-site parking spaces are provided.
2. Location
See Sec. 480. (Parking Location)
3. General
i. All portions of a parking area or structure must be accessible by motor vehicles to all other portions of the parking area without requiring the use of a street (except for an alley).
ii. Each parking space must be located so that no motor vehicle is required to back onto any street (except for an alley) or sidewalk to leave the parking space. iii. Full and permanent parking space delineation is required. Delineation must include striping, wheel stops, curbing, or other similar permanent materials which can clearly define and delineate each parking space. Full parking space delineation means clear markings for all three sides of a space.
4. Paving
i. All parking areas must be constructed with an all-weather surface. An all-weather surface includes compacted asphaltic paving or Portland cement paving at least 6 inches thick. ii. Alternative materials such as porous asphalt, porous concrete, permeable interlocking concrete pavers, permeable pavers, decomposed granite, crushed rock, gravel, or restrained systems (a plastic or concrete grid system confined on all sides to restrict lateral movement, and filled with gravel or grass in the voids) may be allowed if demonstrated that the materials will be properly maintained. Proper maintenance includes ensuring that materials are kept and regularly scheduled maintenance is provided to retain parking area functionality.
iii. Alternate paving materials are subject to the following standards:
a) Paving materials located in a designated fire apparatus access road must be approved by the LA County Fire Department.
b) Permeable interlocking concrete pavers and permeable pavers must have a minimum thickness of 80 mm (3.14 inches).
c) If plantings are an element of the alternative paving material, the irrigation system cannot utilize potable water except for plant establishment. d) Products and underlying drainage material must be installed per manufacturers' specifications. Sub-grade soils must be compacted as required per the product installation specifications.
e) Decomposed granite, crushed rock and gravel are only allowed for parking areas serving 1 or 2 parking spaces.
6-26 Zoning & Development Code | Pomona, California DRAFT May 16, 2024 Part 6 | Site Automobile Parking
iv. All parking lots must be graded and drained to collect, retain and infiltrate surface water on-site by applying low impact development practices and standards. v. Continuous curbing or parking blocks of no less than 6 inches in height must be installed around the edge of all parking lots. Curbing must have openings to allow drainage to enter and percolate through landscaped areas.
5. Dimensions
i. Parking Spaces
a) Parking spaces must meet the following minimum dimensions.
PARKING SPACE DIMENSIONS
Parking Space Dimension Parking Space Type
Type Angle Standard Tandem
Perpendicular
and Angled
30°-
90°
Width 9'-0" 9'-0"
Depth 18'-0" 33'-0"
Parallel 0°
Width 8'-0" n/a
Depth 24'-0" n/a
ii. Parking Bays and Drive Aisles
a) Parking bays and drive aisles must meet the following minimum dimensions.
PARKING BAY AND DRIVE AISLE DIMENSIONS
Parking Space One-Way Drive Aisle Two-Way Drive Aisle
Double Loaded Single Loaded Double Loaded Single Loaded Angle Aisle
Width
Bay
Width
Aisle
Width
Bay
Width
Aisle
Width
Bay
Width
Aisle
Width
Bay
Width
0° (Parallel) 10'-0" 26'-0" 10'-0" 18'-0" 20'-0" 36'-0" 20'-0" 28'-0" 30° 16'-0" 49'-8" 16'-0" 32'-10" n/a n/a n/a n/a
45° 18'-0" 56'-3" 18'-0" 37'-2" n/a n/a n/a n/a
60° 20'-0" 60'-3" 20'-0" 40'-2" n/a n/a n/a n/a
90° 24'-0" 60'-0" 24'-0" 42'-0" 24'-0" 60'-0" 24'-0" 42'-0" b) Where a parking space abuts a landscaped island, the front 2 feet of the required parking space length may overhang the landscaped island, provided that a wheel stop with a minimum height of 6 inches is provided.
iii. Tandem Spaces
a) Automobiles may be parked in tandem in a private parking area serving a residential use, where the tandem parking is not more than 2 cars in depth. b) Tandem parking is not allowed for recreational vehicles or guest parking provided as part of a private parking area serving a residential use.
DRAFT May 16, 2024 Pomona, California | Zoning & Development Code 6-27 Automobile Parking Part 6 | Site
iv. Mechanical Automobile Lifts
a) Mechanical automobile lifts may be used to meet the required parking requirement (Sec. 610.C.3.a.) when the mechanical automobile lift design allows for access to a specific vehicle on demand.
b) One mechanical lift parking space is equivalent to one standard parking space when calculating a project's required parking (Sec. 610.C.3.a.). c) The mechanical automobile lift must be fully enclosed in a structure. v. Lighting
Parking area lighting must meet Sec. 640.A.3.c. (Parking and Pedestrian Area Lighting). vi. Electric Vehicle Charging Stations (EVCS)
a) Electric vehicle charging equipment, including pedestals, bollards, or cables must not adversely affect building elements or encroach into drive aisles or pedestrian walkways.
b) Anchorage of either ground-mounted or wall-mounted electric vehicle charging equipment must meet the requirements of the California Building or Residential Code as applicable per occupancy, and the provisions of the manufacturer's installation instructions.
c) Electric vehicle charging equipment must be designed and installed in compliance with the California Electrical Code (Art. 625.) and must be incorporated into load calculations of all new or existing electrical services as a continuous load. d) Transformers and other utility equipment associated with electric vehicle chargers must be screened from the public right-of-way according to Sec. 620.C. (Frontage Screens).
e) Electric vehicle charging stations are also subject to the standards of Sec. 540.E.2. (Electric Vehicle Charging Station (EVCS)).
vii. Landscaping
Parking lots must be landscaped and screened in accordance with Sec. 620.A. (Parking Lots).
c. Parking Structure Screening
1. Applicability
Applies to all structures that include exposed above-grade parking structure facades located within 30 feet of a street lot line.
2. Standards
i. Screened parking structure facades cannot be used to meet an active depth requirement (Sec. 470.E.) and must meet the frontage standards required by the applicable Frontage Module (Subpart 4B).
6-28 Zoning & Development Code | Pomona, California DRAFT May 16, 2024 Part 6 | Site Automobile Parking
ii. All exposed above-grade parking structure facades located within 30 feet of a street-lot line must be screened with a permanent structure that meets the following standards:
a) Cannot have less than 60% opacity for any individual parking tier measured in elevation projection.
Solid Area
60%
Opacity
(min)
60% (min)
60% (min)
60% (min)
b) Openings in screens must be 4 inches or less in at least one dimension except for openings provided for pedestrian or vehicle access.
4” Max
4”
Max
4”
Max
c) Upper story parking screening, when projected from an angle of elevation of 45 degrees must not have a lower opacity than when measured in elevation projection.
d) Parking structure screen openings accommodating automobile access are allowed for a width no greater than the maximum allowed driveway width as measured in Sec. 610.A.5. (Driveway Design).
e) Parking structure screen openings accommodating pedestrian accessways are allowed for a width no greater than 8 feet in width for each individual pedestrian accessway. Where an opening in the parking garage screening accommodates both pedestrian and automobile access, the maximum allowable opening width is 8 feet greater than the maximum allowed driveway width.
f) Parking structure screen openings must have a height no greater than 1 story.
DRAFT May 16, 2024 Pomona, California | Zoning & Development Code 6-29 Automobile Parking Part 6 | Site
4. Measurement
a. Automobile
All vehicles including SUVs, trucks, and other vehicle under 10,000 pounds gross vehicle weight. b. Walking Distance
See Sec. 1200.K.2. (Walking Distance).
c. Parking Space Width
The distance measured between opposite sides of a parking space. d. Parking Space Depth
The distance measured perpendicular to the drive aisle between opposite ends of a parking space.
e. Parking Bay Width
The distance measured between two rows of parking spaces and the drive aisle in-between, or for a single row, the distance between a the row of parking spaces and the end of the drive aisle. f. Parking Angle
The angle measured from the long edge of a parking space to the drive aisle. g. Drive Aisle
The distance measured from the edge of one row of parking to the edge of the opposite row of parking. If there is only one row parking space then the paved surface for a vehicle to drive on must meet the meet the minimum drive aisle width.
Bay Width
60º
Bay Width
Drive
Aisle
Drive
Aisle
Depth
Depth
Depth
Width
90º
Bay Width
Drive Aisle
2WAY
DOUBLELOADED
1WAY
DOUBLELOADED
1WAY
SINGLELOADED
Width
Width
6-30 Zoning & Development Code | Pomona, California DRAFT May 16, 2024 Part 6 | Site Automobile Parking
h. Parking Structure Screen Opacity
TIER 2 OPACITY
CALCULATION
%
OPACITY
TIER 2 TOTAL
OPACITY
PORTION
OF
TOTAL
FACADE
AREA
WEIGHTED
VALUE
100%
80%
50%
TREATMENT
B
TREATMENT
C
TREATMENT
A 0.2
0.3 0.5
20%
24%
25%
69%
x =
80%
Opacity
100%
Opacity
50%
Opacity
100%
Opacity
Treatment
C
Treatment
B
Tier
1 Tier
3 Tier
4 Treatment A
Tier
2 Treatment
A
TIER 2 OPACITY
CALCULATION
%
OPACITY
TIER 2 TOTAL
OPACITY
PORTION
OF
TOTAL
FACADE
AREA
WEIGHTED
VALUE
100%
55% TREATMENT
B
TREATMENT
A 0.2
0.8 20%
42%
62%
x =
55%
Opacity
100%
Opacity 100%
Opacity
Tier
1 Tier
2 Tier
3 Tier
4 Treatment A Treatment B
Treatment
A
1. Opacity of screening is calculated separately for each tier of parking on each building facade.
2. Minimum opacity is measured as a percentage calculated as the sum of all solid areas on a parking facade area divided by the total parking facade area projected horizontally and perpendicular to the facade area.
3. When a parking structure tier uses more than one screening treatment with varying opacities, the opacity for the entire tier is calculated as a weighted average of the opacities of all the treatments used on the tier. The opacity of each screening treatment is weighted by the percent of the total parking screen facade area covered by that screening treatment.
DRAFT May 16, 2024 Pomona, California | Zoning & Development Code 6-31 Automobile Parking Part 6 | Site
5. Relief
a. Parking Structure Screening
A deviation from a parking structure screening standard may be allowed as a variance in accordance with Sec. 1170.E. (Variance).
6-32 Zoning & Development Code | Pomona, California DRAFT May 16, 2024 Part 6 | Site Motor Vehicle Use Areas
610.D. Motor Vehicle Use Areas
Portions of a lot designed and intended for use by motor vehicles, including areas to be used by motor vehicles for circulation, maneuvering, loading, staging, queuing, service areas and areas to be used for the sale or storage of motor vehicles. Does not include parking lots and parking structures.
1. Intent
To ensure motor vehicle use areas are designed in a manner that does not detract from the safety, comfort, or enjoyment of users of neighboring lots or the public realm.
2. Applicability
a. Motor vehicle use area design standards apply to portions of a lot designed and intended for use by motor vehicles, including areas to be used by motor vehicles for circulation, maneuvering, loading, staging, queuing, service areas and areas to be used for the sale or storage of motor vehicles.
b. Parking lots and parking structures are excluded from motor vehicle use area design standards.
For parking lots and parking structure design standards see Sec. 610.C.3.b. (Parking Area Design). c. Freight loading area standards apply to all freight loading areas on-site. d. Loading space standards do not apply to change-of-use projects. e. Drive-through standards apply to any improved and expanded drive-through facility.
3. Standards
a. General
1. Location
Motor vehicle use areas cannot be located in a primary street or side street yard.
2. Paving
i. All vehicle use areas must be constructed with an all-weather surface. An all-weather surface includes compacted asphaltic paving or Portland cement paving at least 6 inches thick.
ii. Alternative materials such as porous asphalt, porous concrete, permeable interlocking concrete pavers, permeable pavers, decomposed granite, crushed rock, gravel, or restrained systems (a plastic or concrete grid system confined on all sides to restrict lateral movement, and filled with gravel or grass in the voids) may be allowed if demonstrated that the materials will be properly maintained. Proper maintenance includes ensuring that materials are kept and regularly scheduled maintenance is provided to retain parking lot functionality.
iii. Alternate paving materials are subject to the following standards:
a) Paving materials located in a designated fire apparatus access road must be approved by the LA County Fire Department.
DRAFT May 16, 2024 Pomona, California | Zoning & Development Code 6-33 Motor Vehicle Use Areas Part 6 | Site
b) Permeable interlocking concrete pavers and permeable pavers must have a minimum thickness of 80 mm (3.14 inches).
c) If plantings are an element of the alternative paving material, the irrigation system cannot utilize potable water except for plant establishment. d) Products and underlying drainage material must be installed per manufacturers' specifications. Sub-grade soils must be compacted as required per the product installation specifications.
e) Decomposed granite, crushed rock and gravel are only allowed for parking areas serving 1 or 2 parking spaces.
iv. All parking lots must be graded and drained to collect, retain and infiltrate surface water on-site by applying low impact development practices and standards. v. Continuous curbing or parking blocks of no less than 6 inches in height must be installed around the edge of all parking lots. Curbing must have openings to allow drainage to enter and percolate through landscaped areas.
3. Buffer/Screening
i. A Transition Buffer may be required between the motor vehicle use area and a common lot line. See Transition Buffers (Sec. 620.B.).
ii. A Frontage Screen may be required between the motor vehicle use area and a street lot line Frontage Screens (Sec. 620.C.).
4. Lighting
Motor vehicle use area lighting must meet Sec. 640.A.3.c. (Parking and Pedestrian Area Lighting).
b. Medium and Heavy Duty Vehicle Loading
1. A loading area is not required. If determined necessary by the Development Services Director, adequate space must be made available on-site for the unloading and loading of goods, materials, items or stock for delivery and shipping.
2. With the exception of alleys and areas specifically designated by the City, loading and unloading activities are not allowed on a public street.
3. Loading and unloading activities must not encroach on or interfere with the use of sidewalks, driveways, drive aisles, stacking spaces, or parking lots.
4. The number of dock high or at-grade loading doors on any site must not exceed 1 loading door per 7,500 square feet of building or structure floor area.
5. Shore Power
For any industrial use, as defined in Sec. 530. (Use Definitions), that includes buildings or structures with a cumulative area of 100,000 square feet or more, all buildings must include electric hook-ups at each loading dock as well as for each on-site parking stall designated for medium and heavy duty vehicle parking. Each electric hook-up must be designed to accommodate medium and heavy duty electric vehicle charging. 6-34 Zoning & Development Code | Pomona, California DRAFT May 16, 2024 Part 6 | Site Motor Vehicle Use Areas
c. Drive-Through Facilities
New construction drive-through facilities are not permitted on any site in any zoning district.
Improvements and expansions of existing drive-through facilities must meet the standards defined in Sec. 11110. (Nonconformities).
4. Measurement
a. For lot line determination, see Sec. 1200.D. (Lot Line Designation). b. For frontage yard designation, see Sec. 1200.I. (Yard Designation). c. Medium and Heavy Duty Vehicle
Any electric vehicle including tractor-trailer trucks and buses over 10,000 pounds gross vehicle weight.
d. Tractor-Trailer
A transport vehicle consisting of a semi-tractor and attached trailer. e. Dock High Loading Door
A loading dock door that is elevated to be even with a tractor-trailer floor height. f. At-Grade Loading Door
A loading dock door that is level with a building or structure's finished ground floor.
DRAFT May 16, 2024 Pomona, California | Zoning & Development Code 6-35 Bicycle Parking Part 6 | Site
610.E. Bicycle Parking
Space within a structure or surface parking area, exclusive of driveways, ramps, columns, office, and work areas, for the parking of automobiles. Does not include automobile parking.
1. Intent
To promote bicycling as an alternative to automobile transportation and to help ensure safe, secure, accessible, and convenient storage of bicycles for all users.
2. Applicability
a. All uses established in accordance with Part 5 (Use). b. Projects with less than 5 dwellings units are not required to provided short or long-term bicycle parking.
c. Dwelling units with individually accessed private garages are not required to provide long-term bicycle parking.
3. Standards
a. Required Bicycle Parking Spaces
1. Bicycle parking must be provided in accordance with the following table.
REQUIRED BICYCLE PARKING
Use Short-Term Long-Term
Sec. 610.E.3.b.2. Sec. 610.E.3.b.3.
RESIDENTIAL
All:
1st 3 Dwelling Units none none
4th-25th Dwelling Unit 1 per 10 du (2 min) 1 per 1 du
26th-100th Dwelling Unit 1 per 15 du (2 min) 1 per 1.5 du 101st-200th Dwelling Unit 1/20 du (2 min) 1 per 2 du
201st + Dwelling Units 1/40 du (2 min) 1 per 4 du
ASSEMBLY
All Assembly, Except: 1 per 10,000 SF, (2 min) 1 per 5,000 SF, (2 min) College or University
1 per 500 SF or 1 per 50
fixed seats whichever is
greater, (2 min)
1 per 1,000 SF or 1 per 100
fixed seats whichever is
greater, (2 min)
OPEN SPACE AND RECREATION
All Open Space and Recreation,
Except: 1 per 10,000 SF, (2 min) none
Indoor Recreation,
Commercial 1 per 5,000 SF, (2 min) 1 per 10,000 SF, (2 min) Sports Arena and Stadium
1 per 500 SF or 1 per 50
fixed seats whichever is
greater, (2 min)
1 per 1,000 SF or 1 per 100
fixed seats whichever is
greater, (2 min)
6-36 Zoning & Development Code | Pomona, California DRAFT May 16, 2024 Part 6 | Site Bicycle Parking
REQUIRED BICYCLE PARKING
Use Short-Term Long-Term
Sec. 610.E.3.b.2. Sec. 610.E.3.b.3.
INFRASTRUCTURE
All none none
GENERAL COMMERCIAL
All General Commercial, Except: 1 per 10,000 SF, (2 min) 1 per 10,000 SF, (2 min) Food and Beverage: All 1 per 2,500 SF, (2 min) 1 per 5,000 SF (2 min) Entertainment Venue: All
1 per 350 SF or 1 per 50
fixed seats whichever is
greater, (2 min)
1 per 700 SF or 1 per 100
fixed seats whichever is
greater, (2 min)
General Office 1 per 10,000 SF (2 min) 1 per 5,000 SF (2 min)
AUTO-ORIENTED
COMMERCIAL
All 1 per 10,000 SF, (2 min) 1 per 10,000 SF, (2 min)
PRODUCTION-ORIENTED
INDUSTRIAL
All 1 per 10,000 SF (2 min) 1 per 10,000 SF (2 min)
DISTRIBUTION-ORIENTED
INDUSTRIAL
All 1 per 10,000 SF (2 min) 1 per 10,000 SF (2 min)
FULFILLMENT-ORIENTED
INDUSTRIAL
All 1 per 10,000 SF (2 min) 1 per 10,000 SF (2 min)
WASTE-ORIENTED
INDUSTRIAL
All none none
URBAN AGRICULTURAL
All none none
2. When the application of these regulations results in the requirement of a fractional bicycle parking space, fractions of ½ or more are counted as 1 space. b. Bicycle Facilities
1. General
i. Bicycle parking must consist of bicycle racks that support the bicycle frame at two points.
ii. Racks must allow for the bicycle frame and at least one wheel to be locked to the rack. iii. If bicycles can be locked to each side of the rack, each side can be counted as a required space.
iv. Spacing of bicycle racks must provide clear and maneuverable access. v. Bicycle parking spaces must be located on paved or pervious, dust-free surface with a slope no greater than 3%. Surfaces cannot be gravel, landscape stone, or wood chips.
Racks must be securely anchored to a permanent surface.
DRAFT May 16, 2024 Pomona, California | Zoning & Development Code 6-37 Bicycle Parking Part 6 | Site
vi. Bicycle parking spaces must be a minimum of 2 feet wide and 6 feet long. vii. Bicycle parking must be provided in a well-lit area.
2. Short-Term Bicycle Parking
i. Short-term bicycle parking must be publicly accessible and be located on-site or no more than 100 feet of the building it serves.
ii. Short-term bicycle parking may be located within the public right-of-way subject to review and approval by the Public Works Director.
iii. Business operators or property owners who choose to install bicycle parking within the public right-of-way are responsible for maintaining the racks. iv. Any site located within 500 feet of a City-funded bicycle corral may count up to 2 bicycle parking spaces within the bicycle corral towards their required short-term bicycle parking.
3. Long-Term Bicycle Parking
i. Long-term bicycle parking offers a secure and weather protected place to park bicycles for employees, residents, commuters, and other visitors who generally stay at a site for several hours.
ii. Long-term bicycle parking must be covered, include a bicycle repair station, and include at least one of the following:
a) A locked room;
b) A bicycle locker;
c) An area enclosed by a fence with a locked gate;
d) An area within view of an attendant or security guard or monitored by a security camera; or
e) An area visible from employee work areas.
iii. The bicycle parking area must be located on-site or in an area within 200 feet of the building it serves.
6-38 Zoning & Development Code | Pomona, California DRAFT May 16, 2024 Part 6 | Site Bicycle Parking
4. Measurement
a. When the application of these regulations results in the requirement of a fractional bicycle parking space, fractions of ½ or more are counted as 1 space. b. Distance is measured in walking distance from the nearest point of the bicycle rack to the primary entrance of the use served.
c. Bicycle parking space width and length are measured as shown in the image below:
2’ (min)
6’ (min)
DRAFT May 16, 2024 Pomona, California | Zoning & Development Code 6-39 Parking Lot Landscaping Part 6 | Site
Sec. 620. Landscaping and Screening
620.A. Parking Lot Landscaping
Landscaping within and along the perimeter of parking areas that have no floor area below or above it.
1. Intent
To ensure parking lots are designed to create safe, comfortable and attractive environments for users and pedestrians, while also mitigating heat island effects, absorbing noise pollution, managing stormwater runoff, sequestering carbon emissions and supporting urban biodiversity through landscaping and surface design.
2. Applicability
a. Perimeter landscape is required on all on-site surface parking lots. b. Interior landscape is required on all on-site surface parking lots serving 20 or more parking spaces.
3. Standards
a. Perimeter Landscape
1. A Transition Buffer may be required between the motor vehicle use area and a common lot line. See Transition Buffers (Sec. 620.B.).
2. A Frontage Screen may be required between the motor vehicle use area and a street lot line.
See Frontage Screens (Sec. 620.C.).
b. Interior Landscape
1. Interior Islands
i. A landscape interior island must be provided every 10 parking spaces. Interior islands must be distributed evenly throughout the parking lot. Interior islands may be consolidated or intervals may be expanded in order to preserve existing trees. ii. An interior island abutting a single row of parking spaces must be a minimum of 9 feet in width and 150 square feet in area. Each island must include 1 large tree. iii. An interior island abutting a double row of parking spaces must be a minimum of 9 feet in width and 300 square feet in area. Each island must include 2 large trees. iv. Interior islands must be installed below the level of the parking lot surface to allow for runoff capture.
6-40 Zoning & Development Code | Pomona, California DRAFT May 16, 2024 Part 6 | Site Parking Lot Landscaping
2. Median Islands
i. A landscape median island must be provided between every 4 single parking rows.
Intervals may be expanded to preserve existing trees.
ii. A median island must be at least 6 feet wide. A median island with a pedestrian walkway must be a minimum of 12 feet wide.
Double Row
Double Row
Single Row
Single Row
Single Row
Single Row
Single Row
Single Row
Single Row
Single Row
Single Row
Single Row
Interior Island
Interior Island
Median Island
Perimeter Screening
4. Measurement
Interior and median island width is measured as the narrowest horizontal dimension from one edge of an island to the opposite edge.
Island Width
DRAFT May 16, 2024 Pomona, California | Zoning & Development Code 6-41 Transition Buffers Part 6 | Site
620.B. Transition Buffers
A device or combination of elements along a common lot line that conceals, obstructs or protects abutting lots from impactful uses, activities, or site elements.
1. Intent
a. To mitigate negative impacts from uses, activities, or site elements with significant impacts on abutting uses.
b. To help reduce cumulative health impacts resulting from industrial uses that are in close proximity to residential, educational and other lower intensity uses.
2. Applicability
a. Buffers are required along applicable common lot lines:
1. When a more intense district abuts a less intense district. See Sec. 610.B.3.a. (District Boundaries).
2. When an industrial use abuts a non-industrial use. See Sec. 530. (Use Definitions).
3. For motor vehicle use and outdoor storage areas. See Sec. 610.B.3.b. (Motor Vehicle Use and Outdoor Storage Areas).
b. The applicable portion of the common lot line is the portion of the common lot line that is shared between the two abutting uses.
c. When a conflict occurs between buffer types, the more stringent buffer type applies. In no case is more than one buffer type required.
6-42 Zoning & Development Code | Pomona, California DRAFT May 16, 2024 Part 6 | Site Transition Buffers
3. Standards
a. District Boundaries
When abutting or across an alley from a site with a Use Module designation, the required buffer must be installed along all applicable portions of the common lot line as specified in the following table.
REQUIRED DISTRICT BOUNDARY BUFFER
Abutting Use Module
R1, RX1
CX1, CX2,
CX3 CX4, CX5 IX1 I1, I2, I3 P1 OS1, OS2
New Project Use Module
R1, RX1 -- -- -- -- -- -- --
CX1, CX2,
CX3 Type III -- -- -- -- -- --
CX4, CX5 Type III Type III -- -- -- -- --
IX1 Type IV, V Type IV, V Type III -- -- -- --
I1, I2, I3 Type IV, V Type IV, V Type IV, V Type IV, V -- Type IV, V Type IV, V P1 Type III -- -- -- -- -- --
OS1, OS2 -- -- -- -- -- -- --
KEY: Type III = Type III buffer required;
Type IV, V = Type IV or Type V buffer required, at applicant's discretion; -- = Buffer not required
See Sec. 620.B.3.c.2. for buffer type standards.
b. Motor Vehicle Use and Outdoor Storage Areas
1. When located within 50 feet of a building containing a residential use on an abutting site, the following buffer must be installed along all applicable portions of the common lot line. See Sec. 620.B.3.c.2. for buffer type standards:
i. Outdoor storage areas: Buffer Type II.
ii. Vehicle use areas:
a) Loading/service area: Buffer II.
b) Drive-through area: Buffer Type I.
c) Vehicle sales area: Buffer Type I.
d) Remote parking lot: Buffer Type I.
iii. Utility areas: Buffer Type III.
DRAFT May 16, 2024 Pomona, California | Zoning & Development Code 6-43 Transition Buffers Part 6 | Site
c. Transition Buffer Types
1. General Provisions
i. To allow for access for maintenance, required trees and shrubs must be planted on the inside of the wall or fence.
ii. Walls and fences including their sub-grade elements, such as footings or foundations, must be located entirely on site.
iii. Breaks for pedestrian, bicycle and vehicle access are allowed, provided the break in the buffer is the minimum practical width. Driveways or walkways must cross at or near a perpendicular angle.
iv. No buildings or structures, except for walls or fences, are allowed in the buffer area. v. No vehicle use areas are allowed in the buffer area, including fire apparatus access roads. vi. All walls and fences provided must meet the wall and fence design and installation standards as specified in Sec. 620.E.3.c. (Design and Installation). vii. All required trees and shrubs must meet the standards specified in Sec. 620.F. (Planting Standards).
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2. Buffer Type Standards
A package of buffer standards required along applicable common lot line that conceal, obstruct or protect abutting lots from impactful uses, activities, or site elements. i. Buffer Type I
Narrow landscape buffer with a wall or fence.
B
A
BUFFER AREA
A Depth (min) 7’
Large trees (min per 50') 3
WALL OR FENCE
B Height (min) 6'
Opacity (min) 90%
Setback from property line (min) 0'
UPPER-STORY SETBACK
Not required
ii. Buffer Type II
Narrow landscape buffer with a high wall or fence.
B
A
BUFFER AREA
A Depth (min) 7’
Large trees (min per 50') 3
WALL OR FENCE
B Height (min) 8'
Opacity (min) 90%
Setback from property line (min) 0'
UPPER-STORY SETBACK
Not required
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iii. Buffer Type III
Narrow/medium width landscape buffer with a wall
or fence.
Abutting Property
B
C
A
D
BUFFER AREA
A Depth (min) 10’
Large trees (min per 50') 3
Small trees (min per 50') 2
Shrubs (min per 50') 8
WALL OR FENCE
B Height (min) 8'
Opacity (min) 90%
Setback from property line (min) 0'
UPPER-STORY SETBACK
C Height without additional setback
(max stories/feet) 2/24'
D Depth of setback above 2nd story
(min) 25'
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v. Buffer Type V
Wide landscape buffer with a no wall or fence.
A
BUFFER AREA
A Depth (min) 30’
Large trees (min per 50') 3
Small trees (min per 50') 5
Shrubs (min per 50') 24
WALL OR FENCE
Not required
UPPER-STORY SETBACK
Not required
iv. Buffer Type IV
Medium width landscape buffer with a wall or fence.
Abutting Property
B
C
A
D
BUFFER AREA
A Depth (min) 15’
Large trees (min per 50') 3
Small trees (min per 50') 2
Shrubs (min per 50') 16
WALL OR FENCE
B Height (min) 8'
Opacity (min) 90%
Setback from property line (min) 0'
UPPER-STORY SETBACK
C Height without additional setback
(max stories/feet) 2/24'
D Depth of setback above 2nd story
(min) 25'
DRAFT May 16, 2024 Pomona, California | Zoning & Development Code 6-47 Transition Buffers Part 6 | Site
4. Measurement
a. Setbacks
1. Ground story setbacks are measured from the interior edge of buffer area.
2. Upper-story setbacks are measured from the common lot line. For measurement of setbacks see also Sec. 370.C. (Building Setbacks).
b. Buffer Area Depth
Buffer area depth is measured as the narrowest horizontal dimension from one side of the buffer or screening area to the opposite side.
c. Planting Frequency
Trees, shrubs or plants per 50 feet is measured as the total number of trees, shrubs or plants within any 50-foot segment of buffer area. For measuring frequency, see Sec. 1200.L. (Frequency).
d. Fence or Wall Height
For measurement of fence or wall height and opacity, see Sec. 620.E. (Fence and Wall Standards).
6-48 Zoning & Development Code | Pomona, California DRAFT May 16, 2024 Part 6 | Site Frontage Screens
620.C. Frontage Screens
A device or combination of elements, including fences, walls, and trees and plants, along a frontage lot line that conceals, obstructs or protects the public realm from adjacent uses, activities, or site elements.
1. Intent
a. To mitigate negative impacts from uses, activities, or site elements with significant impacts on the public realm.
b. To help reduce cumulative health impacts resulting from incompatible manufacturing and industrial uses that are in close proximity to homes, schools, day cares and other lower intensity uses.
2. Applicability
a. Screening is required along applicable street and alley lot lines for motor vehicle use and outdoor storage areas, see Sec. 620.C.3.a (Motor Vehicle Use and Outdoor Storage Areas). b. The applicable portion of the street or alley lot line is the portion of the street or alley lot line that abuts the activity required to be screened.
c. When a conflict occurs between a motor vehicle use area screen or outdoor storage area screen, the most stringent screen standard applies. In no case is more than one screen type required.
3. Standards
a. Motor Vehicle Use and Outdoor Storage Areas
The following areas must provide the applicable required screen along all applicable portions of the street lot line see Sec. 620.C.3.b.2. for screening type standards:
1. Outdoor storage areas: Screening Type III.
2. Motor vehicle use areas:
i. Loading/service areas: Screening Type III screen.
ii. Drive-through areas: Screening Type I or II.
iii. Parking area: Screening Type I or II.
iv. Vehicle sales area: Screening Type I or II.
3. Utility areas: Screening Type III.
b. Frontage Screen Types
1. General Provisions
i. To allow for appropriate screening from the street, the required trees and shrubs must be located on the outside of the wall or fence.
DRAFT May 16, 2024 Pomona, California | Zoning & Development Code 6-49 Frontage Screens Part 6 | Site
ii. Walls and fences including their sub-grade elements, such as footings or foundations, must be located entirely on site.
iii. Breaks for pedestrian, bicycle and vehicle access are allowed, provided the break in the screen is the minimum practical width. Driveways or walkways must cross at or near a perpendicular angle.
iv. No buildings or structures, except for walls or fences, are allowed in the screening area. v. No vehicle use areas are allowed in the screening area, including fire apparatus access roads.
vi. All walls and fences provided must meet the wall and fence design and installation standards as specified in Sec. 620.E.3.c. (Design and Installation). vii. All required trees and shrubs must meet the standards specified in Sec. 620.F. (Planting Standards).
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2. Screening Type Standards
A package of buffer standards required along a frontage lot line that conceals, obstructs or protects the public realm from adjacent uses, activities, or site elements. i. Screening Type I
Narrow landscape screen with no wall or fence.
Street
A
SCREENING AREA
A Depth (min) 10'
Large trees (min per 50') 3
Shrubs (min per 50') 10
WALL OR FENCE
Not required
ii. Screening Type II
Narrow landscape screening with a low wall or fence.
Street
B
A
SCREENING AREA
A Depth (min) 7'
Large trees (min per 50') 3
Shrubs (min per 50') 10
WALL OR FENCE
B Height (min) 30'
Opacity 3
Below 3.5' (min) 5
3.5' and above (max) 5
Setback from lot line (min) 4'
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iii. Screening Type III
Narrow landscape screening with a wall or fence.
Street
B
A
SCREENING AREA
A Depth (min) 7’
Large trees (min per 50') 3
Shrubs (min per 50') 10
WALL OR FENCE
B Height (min) 6'
Opacity (min) 90%
Setback from lot line (min) 4'
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v. Screening Type V
Wide landscape screen with no wall or fence.
Street
A
BUFFER AREA
A Depth (min) 30’
Large trees (min per 50') 3
Small trees (min per 50') 5
Shrubs (min per 50') 24
WALL OR FENCE
Not required
iv. Screening Type IV
Medium width landscape screen with a high wall or
fence.
Street
B
A
BUFFER AREA
A Depth (min) 15’
Large trees (min per 50') 3
Small trees (min per 50') 2
Shrubs (min per 50') 16
WALL OR FENCE
B Height (min) 8'
Opacity (min) 90%
Setback from lot line (min) 4'
DRAFT May 16, 2024 Pomona, California | Zoning & Development Code 6-53 Frontage Screens Part 6 | Site
4. Measurement
a. Screening Area Depth
Screening area depth is measured as the narrowest horizontal dimension from one side of the buffer or screening area to the opposite side.
b. Planting Frequency
Trees, shrubs or plants per 50 feet is measured as the total number of trees, shrubs or plants within any 50-foot segment of screening area. For measuring frequency, see Sec. 1200.L. (Frequency).
c. Fences and Walls
For measurement of fence or wall height and opacity see Sec. 620.E. (Fence and Wall Standards). 6-54 Zoning & Development Code | Pomona, California DRAFT May 16, 2024 Part 6 | Site Structural Screens
620.D. Structural Screens
Fences or walls surrounding service areas and equipment held outside of a building.
1. Recycling and Trash Receptacles
a. Intent
To help ensure recycling and trash receptacle service areas are designed in a manner that does not detract from the safety, comfort, or enjoyment of users of the lot, neighboring lots or the public realm.
b. Applicability
1. All outdoor recycling and trash enclosures provided for new construction or modified nonresidential development.
2. All outdoor recycling and trash enclosures provided for new construction or modified residential developments with 2 or more dwelling units. c. Standards
1. Recycling and trash receptacles and their screening enclosures cannot be located in a front or side street yard. Recycling and trash receptacles must be located to the side and rear of buildings and must meet the encroachment requirements of Sec. 370.C.5. (Exceptions).
2. Outdoor recycling and trash receptacles must be screened on three sides by a wall or fence a minimum height of 6 feet.
3. Access gates must be provided on the fourth side and must also be a minimum height of 6 feet.
4. The wall or fence and access gate screening must meet the standards of Sec. 620.E.3.c. (Design and Installation).
6’
DRAFT May 16, 2024 Pomona, California | Zoning & Development Code 6-55 Structural Screens Part 6 | Site
2. Roof-Mounted Equipment
a. Intent
To help ensure roof mounted equipment is designed to minimize effects on surrounding properties and the public realm and to help ensure roof-mounted equipment is obscured from view on the city skyline.
b. Applicability
All outdoor mechanical, electrical or utility equipment located on a roof, with the exception of solar panels, wind turbines and equipment for wireless telecommunication uses. c. Standards
1. Mechanical, electrical or utility equipment located on a roof must meet the encroachment requirements of Sec. 3C.390.A.5 (Exceptions).
2. Mechanical, electrical or utility equipment must be screened on the roof edge by a parapet wall or other type of screen that is at least height 6 inches higher than the topmost point of the equipment being screened.
3. The screening must be a least 75% opaque.
4. Screening must meet the standards of Sec. 620.E.3.c. (Design and Installation). 6”
Required
Screening
Required
Screening
6”
6-56 Zoning & Development Code | Pomona, California DRAFT May 16, 2024 Part 6 | Site Structural Screens
3. Ground-Mounted Equipment
a. Intent
To minimize visibility of ground-mounted equipment from the public realm. b. Applicability
Mechanical, electrical or utility equipment having the following characteristics:
1. Located outdoors.
2. Publicly or privately owned.
3. Located at an elevation within 6 feet of finished grade.
4. Lot that serves more than 4 dwelling units or more than 6,000 square feet of floor area.
5. Does not include equipment for wireless telecommunication uses. c. Standards
1. Ground-mounted mechanical, electrical or utility equipment cannot be located in a front or side street yard. Ground-mounted mechanical, electrical or utility equipment must be located to the side and rear of buildings and must meet the encroachment requirements of Sec. 370.C.5. (Exceptions).
2. Ground-mounted mechanical, electrical or utility equipment visible from a public right-ofway (not including an alley) must be fully screened by an opaque wall or fence or other type of screen that is at least height 6 inches higher than the topmost point of the equipment being screened.
3. The screening must be a least 75% opaque.
4. Screening must meet the standards of Sec. 620.E.3.c. (Design and Installation).
DRAFT May 16, 2024 Pomona, California | Zoning & Development Code 6-57 Structural Screens Part 6 | Site
4. Wall-Mounted Equipment
a. Intent
To minimize visibility of wall-mounted equipment from the public realm. b. Applicability
All mechanical, electrical or utility equipment attached to the exterior wall of a building or structure, with the exception of equipment for wireless telecommunication uses. c. Standards
1. Wall-mounted mechanical, electrical or utility equipment cannot be attached to a street lot line-facing facade. Wall-mounted mechanical or electrical equipment can only be attached to side and rear-lot line facing building facades and must meet the encroachment requirements of Sec. 370.C.5. (Exceptions).
2. Wall-mounted mechanical, electrical or utility equipment visible from a public right-of-way (not including an alley) must be fully screened by an opaque wall or fence or other type of screen that is at least height 6 inches higher than the topmost point of the equipment being screened.
3. The screening must be a least 75% opaque.
4. Screening must meet the standards of Sec. 620.E.3.c. (Design and Installation). d. Measurements
1. For measurement of opacity see Sec. 1200.O. (Opacity).
2. Height from topmost point of the equipment is measured to the top of the screen and gate at their lowest height.
6-58 Zoning & Development Code | Pomona, California DRAFT May 16, 2024 Part 6 | Site Fence and Wall Standards
620.E. Fence and Wall Standards
A constructed vertical barrier of wood, masonry, wire, metal, or other manufactured material, or combination of materials erected to enclose, screen, or separate areas. A fence differs from a wall in not having a solid foundation along its entire length.
1. Intent
To balance the needs for natural surveillance and visual interest along the public realm and security and privacy for private ground story uses in a manner appropriate to context.
2. Applicability
a. The wall and fence height standards apply to all zoning lots. b. Allowed wall and fences types are set in Subpart 3B (Form Modules) and Subpart 4B (Frontage Modules).
c. Where a buffering or screening requirement requires a taller wall or fence, the buffer or screening requirements supersede.
3. Standards
a. Front/Side Street Yard Fence and Wall Types
See Sec. 490.B.3.b. (Frontage Yard Fence and Wall Types). 6-59
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b. Side/Rear Yard Fence and Wall Types
Packages of design standards applied fences and walls along side and rear lot lines.
1. Fence Type VI
Intended for typical side and rear yards.
A
B
Side/Rear Yard
STANDARDS
A Wall/fence height (max) 6'
B Setback from lot line (min) 0.5'
2. Fence Type VII
Intended for industrial side and rear yards where
additional screening and security might be needed.
A
B
Side/Rear Yard
SCREENING AREA
A Wall/fence height (max) 10'
B Setback from lot line (min) 0.5'
6-60 Zoning & Development Code | Pomona, California DRAFT May 16, 2024 Part 6 | Site Fence and Wall Standards
c. Design and Installation
1. Material
i. Fences, walls, and gates must be constructed of standard building materials that are customarily used for wall and fence construction, such as brick, stone, concrete masonry, stucco, concrete, or wood. Scrap or “recycled” material must not be used.
Tires, junk, recycled garage doors, sheet metal, or plywood must not be used as fencing material.
ii. Chain-linked fences are not allowed in front or side yards. iii. Barbed wire and concertina wire are not allowed.
2. Location
i. The finished side of a wall or fence must be placed on the outside of the property. ii. Walls, fences and gates must be set back from the lot line in accordance with Transition Buffers (Sec. 620.B.), Frontage Screens (Sec. 620.C.), Sec. 490.B.3.b. (Frontage Yard Fence and Wall Types) and Sec. 620.E.3.b. (Side/Rear Yard Fence and Wall Types). iii. No wall or fence is allowed within any required drainage or utility easement. iv. All walls, fences and gates including their sub-grade elements, such as footings or foundation, must be located on-site.
3. Maintenance
All walls, fences and gates must be maintained in good repair and must be kept vertical, structurally sound and protected from deterioration.
4. Measurement
a. Height: Side/Rear Yards
1. Where the difference in grade on either side of a wall or fence is less than 2 feet, height is measured from at the base of the wall or fence on the side with the highest grade.
Height
Top
Base <2’
DRAFT May 16, 2024 Pomona, California | Zoning & Development Code 6-61 Fence and Wall Standards Part 6 | Site
2. When a wall or fence is located within 3 feet of the exterior face of a retaining wall and the retaining wall is 2 feet in height or greater, height is measured from the top of the wall or fence to the midpoint of the retaining wall.
>2’
Top of
Fence
Midpoint of
Retaining Wall
Height
of Fence
3. Fences and walls located in a rear or side yard abutting an alley are measured from the surface of the adjacent alley, vertically to the topmost point of the wall or fence.
Height
Top
Alley
b. Opacity
See Sec. 1200.O. (Opacity).
6-62 Zoning & Development Code | Pomona, California DRAFT May 16, 2024 Part 6 | Site Planting Standards
620.F. Planting Standards
1. Intent
To provide the necessary elements to support a healthy urban ecological system.
2. Applicability
All plants and landscaping used to meet a requirement of this Code.
3. Standards
a. General
1. Invasive species must not be planted. Any plant listed by the California Invasive Plant Inventory as an invasive or watch plant (including the ratings of "limited", "moderate", "high" or "watch") is considered an invasive species.
2. Plants must not interfere with visibility at intersections and driveways.
3. Artificial plants, trees, or other plants must not be installed as required planting.
4. Plants and landscaping must also meet the standards of Sec. 1300. (Landscape (Formerly Sec. 503-J)). When a conflict occurs between standards in Sec. 1300. (Landscape (Formerly Sec. 503-J)) and Sec. 620.F. (Planting Standards), the more stringent standard applies. b. Irrigation
1. Plant materials must be able to survive on natural rainfall once established with no loss of health, or be supported by an irrigation system meeting the California Model Water Efficient Landscape Ordinance (Ch. 2.7.)
2. Irrigation systems must be continuously maintained in working order and be designed to prevent overlap of water zones and to prevent watering of impervious areas. c. Planting Areas
1. General
i. Area that includes structures, foundation walls, footings or flatwork cannot count toward any planting area requirement with the following exceptions:
a) Planters located within 10 feet of a building can count toward required planting area.
b) Planters located on or above a structure (examples include: roofs, terraces, bridges, balconies, and above or below ground parking structures) can count toward required planting area.
ii. Planting areas must have no horizontal dimension less than 3 feet. iii. Planting areas must have a minimum plant coverage of 75 percent. iv. All plants required to meet the minimum plant coverage standard must meet the applicable plant type planting specification standards in Sec. 620.F.3.d. (Plant Types).
DRAFT May 16, 2024 Pomona, California | Zoning & Development Code 6-63 Planting Standards Part 6 | Site
When rooftop planting area standards (Sec. 620.F.3.c.2.) conflict with the plant type planting specifications, rooftop planting area standards supersede. v. Planting areas must include 1 large species tree or 2 small species trees for each 500 square feet of total required on-site planting area.
2. Rooftop Planting Areas
Plants provided on or over a built structure, including but not limited to, a roof, a bridge, a balcony or a parking structure, must comply with the following standards:
i. Minimum soil depth or soil volume for required plants, is as follows:
TREES OTHER PLANTS
Height at Maturity Soil Volume (min) Soil Depth (min) Height at Maturity Soil Depth (min) 15' to 19' 220 ft3 36" <5.9" 12"
20' to 24' 400 ft3 36" 6" to 11" 18"
25' to 29' 620 ft3 42" 1' to 7' 24"
30' to 34' 900 ft3 42" 8' to 14' 30"
35' to 39' 1,200 ft3 42" 15' to 24' 36"
40' or more 1,600 ft3 48" 25' or more 42"
ii. All large species trees must be setback from the edge of the roof a minimum of twothirds the mature height of the tree measured perpendicularly from the edge of the roof to the center of the tree trunk. The required setback may be reduced by an amount equivalent to the height of a guard rail or wall that is provided along the perimeter of the roof edge. The guard rail or wall height is measured vertically from the top of the rootflair to the topmost point of the wall or guardrail.
d. Plant Types
1. Trees
i. All trees must be in a minimum 24-inch box container size and be a minimum caliper of
1.5 inches at time of planting.
ii. Large trees must have a minimum canopy spread at maturity of least 30 feet. iii. Small trees must have a minimum canopy spread at maturity between 15 feet and 30 feet.
iv. Where a required large tree cannot be provided due to existing spatial conflicts, 2 small trees may be provided as an alternative to meet the requirement.
2. Screening Plants
i. Screening plants must be perennial.
ii. Screening plants must be planted so as to form a continuous screen within the transition area except for breaks for required trees.
iii. Screening plants must be at least 18 inches in height at time of planting. iv. Screening plants must be able to reach at least 3 feet in height at maturity. 6-64 Zoning & Development Code | Pomona, California DRAFT May 16, 2024 Part 6 | Site Planting Standards
v. Screening plants must be maintained at no less than their height at maturity.
3. Shrubs
i. A minimum of 75% of required shrubs installed must be evergreen. ii. All shrubs must be at least 2 feet in height at time of planting. iii. All shrubs installed must be able to reach at least 4 feet in both height and spread at maturity.
4. Groundcover and Turf Plants
i. A minimum top soil depth of 6 inches.
ii. Top must be Class A top soil or native variety.
Class A Top Soil
6” (min)
5. Living Walls
Living walls provided to meet a standard must meet the following standards:
i. Permanently attached to the exterior of a building or structure. ii. Automatic irrigation system permanently integrated into the assembly. iii. Growing medium must be permanently integrated into the assembly while retaining the ability to remove, replace and maintain the plants and growing medium. iv. A minimum soil depth of 4 inches of Class A top soil or native variety. v. A minimum of 75 percent plant coverage at maturity, measured vertically. vi. For living walls adjacent to the public right-of-way, plants must be maintained so as not to obstruct the public right-of-way.
e. Maintenance
See Article V. (Landscape Maintenance).
4. Measurement
a. Planting Area Width
Planting area width is measured as the narrowest horizontal dimension from one edge of an area complying with Sec. 620.F.3.c. (Planting Areas) to the opposite edge. b. Plant Coverage
Plant coverage is measured as the cumulative area of a planting area covered by plants divided by the total planting area.
DRAFT May 16, 2024 Pomona, California | Zoning & Development Code 6-65 Planting Standards Part 6 | Site
1. Trees count as plant coverage only for the portion of a planting area within 2 feet of a tree, measured as a circle, centered on the trunk of the tree, with a radius of 2 feet.
2. All other plants count as plant coverage for 70% of the plant's anticipated canopy diameter or spread at maturity (Sec. 620.F.4.c.).
c. Canopy Diameter, Spread, and Height at Maturity
Canopy diameter at maturity, spread at maturity and height at maturity shall be specified in Landscape Plants for California Gardens, or other locally calibrated and professionally recognized source.
d. Soil Depth
Soil depth is measured as the shortest vertical dimension of growing medium provided, for all portions of a planting area.
e. Soil Volume
Soil volume is measured as the total volume of growing medium provided. Drainage layers and other elements located within a container or planter that are not growing medium are not included in the calculation of soil volume.
f. Rootball Depth
Depth of the rootball is measured from the root flare to the bottom of the root mass or bottom of the container.
g. Rootball Width
Width of the rootball is measured as the shortest horizontal dimension of the root mass or container from one end to the opposite end.
h. Height at Planting
1. Height at planting is measured from the root flare.
2. For evergreens, height at planting is measured vertically to the midpoint of the leader between the uppermost whorl (branch) and the top of the leader.
3. For deciduous shrubs, height at planting is measured vertically to the top of the shortest of all canes.
4. For all other plants, height at planting is measured vertically to the highest point of the plant. i. Container Size
1. Container Size is measured in accordance with the American Standard for Nursery Stock (ASNS).
2. When a minimum container size is indicated by a standard, all equivalent or greater container sizes are also requested in accordance with ASNS Container class volume ranges. 6-66 Zoning & Development Code | Pomona, California DRAFT May 16, 2024 Part 6 | Site Planting Standards
j. Caliper
1. For fruit trees, small fruits, understock and seedling trees and shrubs, caliper measurement shall be taken at the root collar or at the other points expressly described in the applicable Sections of the American Standard for Nursery Stock.
2. Caliper for trees with multiple stems is measured as one-half the sum of the calipers of the three largest trunks.
3. For all other plants, caliper measurement shall be taken six inches above the root collar. k. Height at Maturity
1. Height at maturity is measured from the root flare.
2. For evergreens, height at maturity is measured vertically to the midpoint of the leader between the uppermost whorl (branch) and the top of the leader.
3. For deciduous shrubs, height at maturity is measured vertically to the top of the shortest of all canes.
4. For all other plants, height at maturity is measured vertically to the highest point of the plant.
5. Relief
An alternative to a planting standard may be requested in accordance with Sec. 1180.F. (Alternative Compliance).
DRAFT May 16, 2024 Pomona, California | Zoning & Development Code 6-67 Retaining Walls Part 6 | Site
620.G. Retaining Walls
A freestanding continuous structure, as viewed from the top, intended to support earth, which is not attached to a building.
1. Intent
To ensure visually appealing, high quality retaining walls that do not tower over neighboring properties and public rights-of-ways.
2. Applicability
All retaining walls.
3. Standards
a. General
1. No retaining wall can exceed 10 feet in height.
2. Where multiple retaining walls are located on one lot, they must meet the following standards:
i. Retaining walls must be spaced at least three feet apart horizontally, ii. No retaining wall located in a frontage yard can exceed the frontage yard fence and wall type's maximum height, applied by the Frontage Module (Subpart 4B), except as allowed in Sec. 620.E.3.b. (Side/Rear Yard Fence and Wall Types).
WALL 1
Wall May Be Structurally
Connected or Not
WALL 2
10’
(max)
3’
(min)
b. Landscaping
Retaining walls that exceed 8 feet in height must be landscaped in accordance with any planting standard in Sec. 620.F. (Planting Standards) and fence and wall standard in Sec. 620.E. (Fence and Wall Standards).
4. Measurement
Retaining wall height is measured from the top of the wall to the lowest adjacent ground elevation. 6-68 Zoning & Development Code | Pomona, California DRAFT May 16, 2024 Part 6 | Site Retaining Walls
5. Exceptions
a. Exception for Public Agency Projects
This Section does not apply to projects undertaken by a public agency. b. Exception for Retaining Walls Required by Building and Safety This Section does not apply to retaining walls built to comply with an order issued by the Building and Safety Division to repair an unsafe or substandard condition.
DRAFT May 16, 2024 Pomona, California | Zoning & Development Code 6-69 Outdoor Lighting Part 6 | Site
Sec. 630. Signs
See Sec. 1310. (Signs (Formerly Sec. 503-K)).
Sec. 640. Environmental Protection
640.A. Outdoor Lighting
1. Intent
To provide exterior lighting standards to support a variety of environments and to minimize the negative impacts of lighting on adjacent uses and users of the public realm.
2. Applicability
a. New Fixtures
All lighting fixtures installed after the effective date of this Code. b. Existing Fixtures
1. Routine maintenance, including changing the lamp, ballast, starter, photo control, fixture housing, lens and other required components, is allowed for all existing fixtures.
2. The installation of site lighting, replacement of site lighting and changes to existing light fixture wattage, type of fixture, mounting or fixture location must be made in compliance with this Section.
3. Standards
a. Lighting Sources Not Permitted
The following light fixtures and sources cannot be used:
1. Cobra-head-type fixtures having dished or drop lenses or refractors, which contain sources that are not incandescent.
2. Temporary searchlights and other high-intensity narrow-beam, moving fixtures that shine light directly up to the sky.
b. Lighting Sources Permitted
1. The maximum light level of any light fixture measured at the right-of-way line of a street cannot exceed an average of 2.5 footcandles. The uniformity ratio should be no more than 4:1.
2. Light sources must have a Color Rendering Index (CRI) value of 80 or higher.
3. Lighting cannot be oriented onto adjacent properties, streets or sidewalks.
4. Service connections for all freestanding lighting fixtures must be installed underground. 6-70 Zoning & Development Code | Pomona, California DRAFT May 16, 2024 Part 6 | Site Outdoor Lighting
c. Parking and Pedestrian Area Lighting
1. Light fixtures within parking lots and motor vehicle use areas can be no higher than 30 feet.
2. Light fixtures within pedestrian areas mounted on poles must not be higher than 15 feet. 15’ (max) 30’ (max)
3. All light fixtures must be full cutoff (shielded), except as listed below.
4. Non-cutoff (unshielded) fixtures can be used when the maximum initial lumens generated by each fixture is less than 9,500. These fixtures generally feature globes or vertical glass planes and must be coated with an internal white frosting to diffuse light. d. Flood Lights and Flood Lamps
1. Flood light fixtures must either be aimed down at least 45 degrees from vertical or the front of the fixture shielded so that no portion of the light bulb extends below the bottom edge of the shield.
>45o
DRAFT May 16, 2024 Pomona, California | Zoning & Development Code 6-71 Outdoor Lighting Part 6 | Site
2. Any flood light fixture located within 50 feet of a street right-of-way must be mounted and aimed perpendicular to the right-of-way, with a side-to-side horizontal aiming tolerance not to exceed 15 degrees.
<15o <15o
Overhead View
3. All flood lamps emitting 1,000 or more lumens must be aimed at least 60 degrees down from horizontal or shielded so that the main beam is not visible from adjacent properties or the street right-of-way.
>60o
e. Canopies
Lighting under canopies must be less than 24 maintained footcandles and be designed to prevent glare off-site. Acceptable lighting designs include the following:
1. Recessed
Recessed fixture incorporating a lens cover that is either recessed or flush with the bottom surface of the canopy.
2. Shielded
Light fixture incorporating shields or is shielded by the edge of the canopy itself, so that light is restrained to 5 degrees or more below the horizontal plane. >5o
6-72 Zoning & Development Code | Pomona, California DRAFT May 16, 2024 Part 6 | Site Outdoor Lighting
3. Surface Mounted
Surface mounted fixture incorporating a flat glass that provides a cutoff design or shielded light distribution.
4. Indirect
Indirect lighting where light is beamed upward and then reflected down from the underside of the canopy, provided the fixture is shielded so that direct illumination is focused exclusively on the underside of the canopy.
f. Building Lighting
1. Lighting fixtures must be selected, located, aimed and shielded so that direct illumination is focused exclusively on the building facade, plantings and other intended site features and away from adjoining properties and the street right-of-way.
2. All wall pack fixtures must be full cutoff fixtures.
3. Only lighting used to accent architectural features, landscape or art may be directed upward, provided that the fixture is located, aimed or shielded to minimize light spill into the night sky.
4. Measurement
a. Light levels are specified, calculated and measured in footcandles. All footcandles values are maintained footcandles.
b. Measurements are to be made at ground level, with the light-registering portion of the meter held parallel to the ground pointing up.
DRAFT May 16, 2024 Pomona, California | Zoning & Development Code 6-73 Recycling and Solid Waste Disposal Part 6 | Site
640.B. Recycling and Solid Waste Disposal
1. Intent
a. To increase the recycling of reusable materials consistent with statewide goals to reduce solid waste disposal;
b. Decrease the impact of the consumption of renewable and nonrenewable resources on the environment; and
c. Reduce litter.
2. Applicability
a. All new construction or modified nonresidential development. b. All new construction or modified residential developments with 2 or more dwelling units.
3. Standards
a. General
1. Design and Location
i. Outdoor recycling and trash enclosures must meet the standards of Sec. 620.D.1. (Recycling and Trash Receptacles).
ii. Dimensions of the storage area must accommodate containers consistent with current methods of collection.
iii. The storage area must be accessible to all occupants and haulers. iv. Where a development is served by an alley, all outdoor storage areas must be directly accessible from the alley.
2. Instructional Signs
i. Signs must be conspicuously posted on each recycling and trash enclosure, adjacent to the access point, giving instructions on the use of the recycling bins and containers. ii. Each sign must not exceed four 4 square feet in area.
3. Landscaping
The perimeter of the recycling and trash enclosure must be landscaped in accordance with any planting standard in Sec. 620.F. (Planting Standards).
4. Lighting
All trash collection areas must be well lit in accordance with any planting standard in Sec. 640.A. (Outdoor Lighting).
5. Use of Parking Spaces
Recycling and trash enclosures must not be located in any required parking space. 6-74 Zoning & Development Code | Pomona, California DRAFT May 16, 2024 Part 6 | Site Recycling and Solid Waste Disposal
6. Existing Trash Enclosures
For a modified development with an existing trash enclosure, the existing enclosure must be improved as needed to meet standards of this Section.
b. Nonresidential Developments
Nonresidential projects must provide at least 1 trash and recycling facility for each commercial or industrial lot. Additional trash facilities may be required at the Administrator's discretion. c. Residential Developments
Multi-unit residential projects must provide trash and recycling storage areas that meet the following requirements:
1. A minimum of 1 recycling, 1 solid waste, and 1 organics disposal container must be provided for every 15 dwelling units.
2. Trash and recycling storage areas must be located within 150 feet from the dwelling units that they serve.
3. Projects with less than 4 dwelling units are not required to provide a trash enclosure but must provide trash containers for both recyclable and solid waste disposal, subject to the approval of the Public Works Department.
4. Exceptions
A Recycling and Solid Waste Disposal standard may be waived at the discretion of the Development Services Director if the project applicant supplies a will-serve letter from the recycling and solid waste collector.
DRAFT May 16, 2024 Pomona, California | Zoning & Development Code 6-75 Operational Performance Standards Part 6 | Site
640.C. Floodplains
See Article XI. (Flood Plain Management).
640.D. Operational Performance Standards
See Article VII. (Noise and Vibration Control).
6-76 Zoning & Development Code | Pomona, California DRAFT May 16, 2024 DRAFT May 16, 2024 Pomona, California | Zoning & Development Code 7-1 Part 7.
ALTERNATE TYPOLOGIES
Subpart 7A. Alternate Typologies Introduction 7-3
Sec. 700. General Provisions 7-4
Subpart 7B. Alternate Typologies 7-7
Sec. 710. Open Lot 7-8
Sec. 720. Manufactured Housing Park 7-14
Subpart 7C. Alternate Typology Rules 7-19
Sec. 730. Alternate Typology Rules 7-20
7-2 Zoning & Development Code | Pomona, California DRAFT May 16, 2024 DRAFT May 16, 2024 Pomona, California | Zoning & Development Code 7-3 Subpart 7A.
ALTERNATE TYPOLOGIES INTRODUCTION
Sec. 700. General Provisions 7-4
700.A. Alternate Typologies Intent 7-4
700.B. Alternate Typologies Applicability 7-4
700.C. Relationship to Zoning Districts and Modules 7-5 700.D. Relationship to Specific Plans and Overlay Districts 7-5 7-4 Zoning & Development Code | Pomona, California DRAFT May 16, 2024 Part 7 | Alternate Typologies Alternate Typologies Intent Sec. 700. General Provisions
700.A. Alternate Typologies Intent
Alternate Typologies provide an option to override specific standards in the underlying zoning that may otherwise prohibit a desired development configuration. In exchange for providing greater flexibility on particular standards, Alternate Typologies require other higher standards to allow the desired development configuration while ensuring projects are contextually appropriate. 700.B. Alternate Typologies Applicability
1. General
All projects approved using an Alternate Typology and filed after the effective date of this Zoning and Development Code must comply with the applicable Alternate Typology standards in Part 7, as further specified below.
2. Eligibility
Alternate Typologies are only allowed in eligible districts. Each Alternate Typology lists all zoning districts where the Alternate Typology is allowed. Any lot within one of the eligible zone districts may use the Alternate Typology.
3. Project Activities
a. Alternate Typology standards apply to project activities as shown in the applicability tables in Subpart 3A (Form Introduction), Subpart 4A (Frontage Introduction), Subpart 5A (Use Introduction), and Part 6A (Site Introduction). More than one project activity may apply to a project (for example, an addition may also include the expansion of a use). b. Where a rule is listed as generally applicable in the applicability tables, the project activity must meet the applicable Alternate Typology rules within the section. This general applicability may be further specified for each standard in the applicability provisions in Subpart 3C (Form Rules), Subpart 4C (Frontage Rules), Subpart 5C (Use Rules), and Part 6B (Site Rules). Project applicability may also be modified by Sec. 11110. (Nonconformities). Where a section of the Alternate Typology rules is listed as not applicable in the applicability tables, the standards within the section do not apply to the project activity.
c. Project activities are defined in Sec. 1200.A. (Project Activities).
4. Applicable Components of Lots, Buildings, and Structures a. Alternate Typology regulations apply to all portions of a lot. b. Alternate Typology regulations apply to all portions of buildings and structures on a lot. c. Specific Alternate Typology regulations may further limit which components of buildings and lots are required to comply with the rules in Subpart 7C. (Alternate Typologies Rules).
DRAFT May 16, 2024 Pomona, California | Zoning & Development Code 7-5 Relationship to Specific Plans and Overlay Districts Part 7 | Alternate Typologies
5. Nonconformity
a. Where an existing lot, site, building, or structure is nonconforming as to the standards specified by the underlying applied first zoning district bracket, a project is eligible to use Alternate Typology for proposed project activities, provided that the uses on the lot will conform to the use standards of the proposed Alternate Typology once the proposed project is complete. Once any project activity is approved under the rules of an Alternate Typology, a future project activity on that lot must not decrease the conformance with any Alternate Typology standard in Part 7 (Alternate Typologies), except as specified by the following provision. b. Sec. 11110. (Nonconformities) provides exceptions from the requirements of Part 7 (Alternate Typologies), for existing lots, site improvements, buildings, structures, and uses that conformed to the zoning regulations, if any, at the time they were established, but do not conform to current district standards or use permissions. A proposed project activity using an Alternate Typology must not decrease the conformance with any Form, Frontage, Use, or Site standard in Part 7 (Alternate Typologies), unless otherwise specified in Sec. 11110.I. (Form Exceptions), Sec. 11110.J. (Frontage Exceptions), Sec. 11110.K. (Use Exceptions), or Sec. 11110.L. (Site Exceptions). 700.C. Relationship to Zoning Districts and Modules
a. Where a standard is listed in an Alternate Typology, the specification listed for the standard in the Alternate Typology supersedes the specification listed in the underlying zoning district for the same standard.
b. The underlying zoning module standard applies where an Alternate Typology:
1. Defers to the underlying module (for example, "Set by Form Module");
2. Provides no specification for a standard listed by the underlying module; or
3. Does not list a standard that is listed by the underlying module. 700.D. Relationship to Specific Plans and Overlay Districts a. Alternate Typologies do not supersede the requirements of Specific Plans. b. Alternate Typologies are eligible in Overlay Districts. 7-6 Zoning & Development Code | Pomona, California DRAFT May 16, 2024 DRAFT May 16, 2024 Pomona, California | Zoning & Development Code 7-7 Subpart 7B.
ALTERNATE TYPOLOGIES
Sec. 710. Open Lot 7-8
710.A. Open Lot 7-9
Sec. 720. Manufactured Housing Park 7-14
720.A. Manufactured Housing Park 7-15
7-8 Zoning & Development Code | Pomona, California
Part 7 | Alternate Typologies Open Lot
DRAFT May 16, 2024
Sec. 710. Open Lot
DRAFT May 16, 2024 Pomona, California | Zoning & Development Code 7-9 Open Lot Part 7 | Alternate Typologies
710.A. Open Lot
1. Intent
The Open Lot Alternate Typology is intended for parks, open space and utility uses as well as land based project uses such as urban agriculture, gardening, beautification and other productive uses.
2. Eligible Districts
The Open Lot Alternate Typology is allowed in any district.
3. Eligible Lots
The Open Lot Alternate Typology is only allowed on vacant lots.
4. Review
Administrative review is required. See Sec. 1180. (Administrative Review). 7-10
Part 7 | Alternate Typologies
Zoning & Development Code | Pomona, California
Open Lot
DRAFT May 16, 2024
5. FORM
f
E
d
C
B
A
a. Building Placement b. Building Form
h
g
LOT SIZE Sec. 360.
Lot Area (min) n/a
A Lot Width
Front access (min) n/a
Side/alley access (min) n/a
COVERAGE Sec. 370.
Impervious coverage (max) 25%
B Building coverage (max) 15%
Building setbacks
C Primary street lot line (min) 10'
D Side street lot line (min) 10'
E Side lot line (min) 0' or 5'
Rear lot line (min) 0' or 5'
Alley setbacks
F Alley lot line (min) 3' or 20'
Alley centerline (min) 13' or 30'
AMENITY Sec. 380.
Outdoor amenity space (min) n/a
BUILDING Sec. 390.
G Building height
(max stories/feet) 2.5/32'
H Building width (max) 80'
Building break (min) n/a
I Building depth (max) 80'
FENCES AND WALLS Sec. 620.E.
Front yard type See Landscaping
Side/rear yard type Type VI
7-11
Part 7 | Alternate Typologies
Pomona, California | Zoning & Development Code
Open Lot
DRAFT May 16, 2024
6. FRONTAGE
a. Street Orientation b. Street-Facing Facade
A B
Primary
Street
Side
Street
BUILD-TO Sec. 470.
Applicable stories (min) 1 1
Build-to depth (max) n/a n/a
Build-to width (min) n/a n/a
Pedestrian amenity
allowance n/a n/a
Active depth (min) n/a n/a
PARKING LOCATION Sec. 480.
Parking between building
and street Allowed Allowed
LANDSCAPING Sec. 490.
Frontage planting area (min) n/a n/a
Frontage yard fence and
wall type allowed Type A3 Type A3
Primary
Street
Side
Street
TRANSPARENCY Sec. 4100.
Ground story transparency n/a n/a
Upper story transparency n/a n/a
Active wall spacing (max) n/a n/a
ENTRANCES Sec. 4110.
Street-facing entrance n/a n/a
Entrance spacing (max) n/a n/a
Required Entry feature No No
GROUND STORY Sec. 4120.
A Ground story-height
Residential (min) 10' 10'
Non-residential (min) 16' 16'
B Ground-story elevation
Residential (min/max) 0'/2' 0'/2'
Non-residential (min/
max) 0'/2' 0'/2'
7-12 Zoning & Development Code | Pomona, California DRAFT May 16, 2024 Part 7 | Alternate Typologies Open Lot
a. Use Standards
1. No less than 90% of the total site area on the lot must be used for one or more of the following uses:
i. Nature reserve;
ii. Open space - public;
iii. General public utility infrastructure; and
iv. Any urban agricultural use
2. For projects approved using the Open Lot Alternate Typology only the uses listed above are allowed on the lot for a period of 2 years after the project receives its certificate of occupancy.
3. Once 2 years have elapsed, any use allowed in the applied Use Module (Subpart 5B) is permitted.
4. For additional Use Module standards, see the applied Use Module (Subpart 5B).
7. USE
DRAFT May 16, 2024 Pomona, California | Zoning & Development Code 7-13 Open Lot Part 7 | Alternate Typologies
7-14 Zoning & Development Code | Pomona, California
Part 7 | Alternate Typologies Manufactured Housing Park DRAFT May 16, 2024
Sec. 720. Manufactured Housing Park
DRAFT May 16, 2024 Pomona, California | Zoning & Development Code 7-15 Manufactured Housing Park Part 7 | Alternate Typologies 720.A. Manufactured Housing Park
1. Intent
The Manufactured Housing Park Alternate Typology is intended to accommodate manufactured housing parks where residential uses are permitted.
2. Eligible Districts
The Manufactured Housing Park Alternate Typology is only permitted in zoning districts with the R1 Use Module.
3. Eligible Lots
The Manufactured Housing Park Alternate Typology is only permitted on lots larger than 5 acres.
4. Review
Administrative review is required. See Sec. 1180. (Administrative Review). 7-16
Part 7 | Alternate Typologies
Zoning & Development Code | Pomona, California
Manufactured Housing Park
DRAFT May 16, 2024
5. FORM
a. Building Placement
f
E
d
C
G
B
A
H
b. Building Form
H
G
LOT SIZE Sec. 360.
Lot Area (min) 217,800 SF
A Lot Width
Front access (min) 100'
Side/alley access (min) 80'
COVERAGE Sec. 370.
Impervious coverage (max) 60%
B Building coverage (max) 45%
Building setbacks
C Primary street lot line (min) 10'
D Side street lot line (min) 10'
E Side lot line (min) 0' or 5'
Rear lot line (min) 0' or 5'
Alley setbacks
F Alley lot line (min) 3' or 20'
Alley centerline (min) 13' or 30'
AMENITY Sec. 380.
Outdoor amenity space (min) 15%
BUILDING Sec. 390.
G Building height
(max stories/feet) 1/16'
H Building width (max) 80'
Building break (min) n/a
I Building depth (max) 80'
FENCES AND WALLS Sec. 620.E.
Front yard type See Landscaping
Side/rear yard type Type VI
7-17
Part 7 | Alternate Typologies
Pomona, California | Zoning & Development Code
Manufactured Housing Park
DRAFT May 16, 2024
6. FRONTAGE
a. Street Orientation
C
B
A
b. Street-Facing Facade
i
j
h
G
f
E
D
Primary
Street
Side
Street
BUILD-TO Sec. 470.
Applicable stories (min) All All
A Build-to depth (max) 25' 20'
B Build-to width (min) 50% 30%
Pedestrian amenity
allowance n/a n/a
C Active depth (min) 9' 5'
PARKING LOCATION Sec. 480.
Parking between building
and street
Not
allowed
Not
allowed
LANDSCAPING Sec. 490.
Frontage planting area (min) 50% 50%
Frontage yard fence and
wall type allowed Type A3 Type A3
Primary
Street
Side
Street
TRANSPARENCY Sec. 4100.
D Ground story transparency 20% 10%
E Upper story transparency 15% 10%
F Active wall spacing (max) 30’ 40'
ENTRANCES Sec. 4110.
G Street-facing entrance Required n/a
H Entrance spacing (max) 30' n/a
Required Entry feature Required No
Options • Porch
• Stoop
• Forecourt
GROUND STORY Sec. 4120.
I Ground story-height
Residential (min) 9' 9'
Non-residential (min) 10' 10'
J Ground-story elevation
Residential (min/max) 0'/5' 0'/5'
Non-residential (min/
max) 0'/2' 0'/2'
7-18 Zoning & Development Code | Pomona, California DRAFT May 16, 2024 Part 7 | Alternate Typologies Manufactured Housing Park
7. USE
a. Use Standards
See the use standards for Manufactured Housing Park (Sec. 540.A.1.b.).
DRAFT May 16, 2024 Pomona, California | Zoning & Development Code 7-19 Subpart 7C.
ALTERNATE TYPOLOGY RULES
Sec. 730. Alternate Typology Rules 7-20
730.A. Form Rules 7-20
730.B. Frontage Rules 7-20
730.C. Use Rules 7-20
730.D. Site Rules 7-20
7-20 Zoning & Development Code | Pomona, California DRAFT May 16, 2024 Part 7 | Alternate Typologies Form Rules
Sec. 730. Alternate Typology Rules
730.A. Form Rules
1. For form standards set by the Form Module, see the applied Form Module in Subpart 3B. (Form Modules).
2. For form rules set by the Form Module, see the applied form rules in Subpart 3C. (Form Rules). 730.B. Frontage Rules
1. For frontage standards set by the Frontage Module, see the applied Frontage Module in Subpart 4B. (Frontage Modules).
2. For frontage rules set by the Frontage Module, see the applied frontage rules in Subpart 4C. (Frontage Rules).
730.C. Use Rules
1. For use standards set by the Use Module, see the applied Use Module in Subpart 5B. (Use Modules).
2. For use rules set by the Use Module, see the applied use rules in Subpart 5C. (Use Rules). 730.D. Site Rules
1. For site rules, see Part 6B. (Site Rules).
DRAFT May 16, 2024 Pomona, California | Zoning & Development Code 7-21 Site Rules Part 7 | Alternate Typologies
7-22 Zoning & Development Code | Pomona, California DRAFT May 16, 2024 DRAFT May 16, 2024 Pomona, California | Zoning & Development Code 8-1 Part 8.
HISTORIC AND OTHER
SUPPLEMENTAL PROVISIONS
Sec. 800. Historic Preservation 8-2
800.A. Purpose and Intent 8-2
800.B. Applicability 8-2
800.C. Standards 8-2
800.D. Established Historic Districts and Landmarks 8-29 800.E. Definitions 8-30
Sec. 810. Specific Plans 8-34
810.A. General 8-34
810.B. Standards 8-35
810.C. Procedures 8-35
Sec. 820. Overlay Districts 8-36
820.A. General 8-36
820.B. Standards 8-38
820.C. Procedures 8-40
Sec. 830. Special Provisions 8-41
830.A. Accessory Dwelling Units 8-41
830.B. SB 330 Overlay District 8-52
830.C. AB 2097 Overlay District 8-54
8-2 Zoning & Development Code | Pomona, California DRAFT May 16, 2024 Part 8 | Historic Preservation, Specific Plans, & Overlay Districts Purpose and Intent Sec. 800. Historic Preservation
800.A. Purpose and Intent
The purpose of this section is to preserve the city of Pomona's cultural, historical, and architectural heritage and resources as living parts of community life, which will benefit and enrich the lives of its present and future residents. To these ends, this section is intended to accomplish the following:
1. Preserve the diverse architectural styles reflecting phases of the city of Pomona's history and encourage complementary contemporary development to inspire a more livable urban environment;
2. Build civic pride by promoting the understanding, appreciation, and enjoyment of the city's rich heritage and cultural resources;
3. Enhance property values and increase economic and financial benefits to the city;
4. Enhance the city of Pomona for residents, tourists and visitors thereby stimulating business and industry; and
5. Conserve valuable material and energy resources by fostering ongoing use and maintenance of the existing built environment.
800.B. Applicability
This Section applies to all designated local historic landmarks, designated local historic districts, and properties listed on the National Register of Historic Places and the California Register of Historic Resources.
800.C. Standards
1. Determination of Historic Eligibility
Any request for a determination of Historic Eligibility must follow the requirements of Sec. XX. (XX).
2. Designations
The City may develop, from time to time, historic context(s) and historic resource survey(s). Historic contexts and historical resource surveys can serve many purposes, including providing the basis to identify and evaluate properties that have the potential to be considered Eligible Historical Resources.
a. Historic Landmark Designation Criteria
Any Eligible Historical Resource may be designated an Historic Landmark by the City Council pursuant to Sec. XX. if it meets the criteria for listing in the National Register of Historic Places, the California Register of Historical Resources, or it meets one of the following:
1. Architecture / Physical Features
i. It embodies distinctive characteristics of a style, type, period, or method of construction, or is a valuable example of the use of indigenous materials or craftsmanship (Criterion 3 in previous ordinance);
DRAFT May 16, 2024 Pomona, California | Zoning & Development Code 8-3 Standards Part 8 | Historic Preservation, Specific Plans, & Overlay Districts ii. It is the work of a notable builder, designer, landscape designer or architect (Criterion 5 in previous ordinance);
iii. It embodies elements of architectural design, detail, materials, or craftsmanship that represent a significant structural or architectural achievement or innovation (Criterion 7 in previous ordinance);
iv. It is similar to other distinctive properties, sites, areas, or objects based on an historic, cultural, or architectural motif (Criterion 8 in previous ordinance); v. It has a unique location or singular physical characteristics or is a view or vista representing an established and familiar visual feature of a neighborhood, community, or the city of Pomona (Criterion 6 in previous ordinance); vi. It reflects significant geographical patterns, including those associated with different eras of settlement and growth, particular transportation modes, or distinctive examples of park or community planning (Criterion 9 in previous ordinance); vii. It is one of the few remaining examples in the city of Pomona, region, state, or nation possessing distinguishing characteristics of an architectural or historical type or specimen (Criterion 10 in previous ordinance).
2. Person(s) and Events Important in Our History
i. It is identified with persons or events significant in local, state, or national history (Criterion 2 in previous ordinance);
ii. It exemplifies or reflects special elements of the city of Pomona's cultural, social, economic, political, aesthetic, engineering, architectural, or natural history (Criterion 1 in previous ordinance);
3. Archaeology
Has yielded, or has the potential to yield, information important to the prehistory or history of the local area, California or the nation.
b. Historic District Designation Criteria
Any Eligible Historic District may be designated as an Historic District by the City Council pursuant to Sec. XX. if the neighborhood meets the criteria for listing in the National Register of Historic Places, the California Register of Historical Resources, or the neighborhood meets the following:
1. It is a contiguous area possessing a concentration of eligible historic resources or thematically related grouping of structures which contribute to each other and are unified by plan, style, or physical development; and (b) embodies the distinctive characteristics of a type, period, region, or method of construction; represents the work of a master; or possesses high artistic values (Criterion 4 in previous ordinance);
2. It reflects significant geographical patterns, including those associated with different eras of settlement and growth, particular transportation modes, or distinctive examples of a park landscape, site design, or community planning (Criterion 9 in previous ordinance); and
3. Meets at least one of the following:
8-4 Zoning & Development Code | Pomona, California DRAFT May 16, 2024 Part 8 | Historic Preservation, Specific Plans, & Overlay Districts Standards i. Architecture / Physical Features
a) It embodies distinctive characteristics of a style, type, period, or method of construction, or is a valuable example of the use of indigenous materials or craftsmanship (Criterion 3 in previous ordinance);
b) It is the work of a notable builder, designer, landscape designer or architect (Criterion 5 in previous ordinance);
c) It embodies elements of architectural design, detail, materials, or craftsmanship that represent a significant structural or architectural achievement or innovation (Criterion 7 in previous ordinance);
d) It is similar to other distinctive properties, sites, areas, or objects based on an historic, cultural, or architectural motif (Criterion 8 in previous ordinance); ii. Person(s) and Events Important in Our History
a) It is identified with persons or events significant in local, state, or national history (Criterion 2 in previous ordinance);
b) It exemplifies or reflects special elements of the city of Pomona's cultural, social, economic, political, aesthetic, engineering, architectural, or natural history (Criterion 1 in previous ordinance);
c. Considerations in Evaluating Properties (Integrity)
In addition to having significance, a resource must have integrity for the time period in which it is significant. The period of significance is the date or span of time within which significant events transpired, or significant individuals made their important contributions. Integrity is the authenticity of a Historical Resource's physical identity as evidenced by the survival of characteristics or historic fabric that existed during the resource's period of significance. Only after significance has been established, should the issue of integrity be addressed. The following should be considered when evaluating properties for integrity:
1. Design
Any alterations to the property should not have adversely affected the character-defining features of the property. Alterations to a resource or changes in its use over time may have historical, cultural, or architectural significance.
2. Setting
Changes in the immediate surroundings of the property (buildings, land use, topography, etc.) should not have adversely affected the character of the property.
3. Materials and Workmanship
Any original materials should be retained, or if they have been removed or altered, the replacements have been made that are compatible with the original materials.
4. Location
The relationship is between the property and its location is an important part of integrity.
The place where the property was built and where historic events occurred is often DRAFT May 16, 2024 Pomona, California | Zoning & Development Code 8-5 Standards Part 8 | Historic Preservation, Specific Plans, & Overlay Districts important to understanding why the property was created or why something happened.
The location of a historic property, complemented by its setting, is particularly important in recapturing the sense of historic events and persons. Except in a few cases, the relationship between a structure and its historic associations is destroyed if the structure is moved.
5. Feeling
Feeling is a property's expression of the aesthetic or historic sense of a particular period of time. It results from the presence of physical features that, taken together, convey the property's historic character.
6. Association
Association is the direct link between an important historic event or person and a historic property. A property retains association if it is the place where the event or activity occurred and is sufficiently intact to convey that relationship to an observer. Like feeling, association requires the presence of physical features that convey a property's historic character. For example, a Revolutionary War battlefield the natural and manmade elements of which have remained intact since the 18th century retains its quality of association with the battle.
7. Because feeling and association are subjective criteria, their retention alone is never sufficient to support eligibility. Historical Resources must retain enough of their historic character or appearance to be recognizable as Historical Resources and to convey the reasons for their significance.
d. Designation Procedures
The designation of a local historic landmark or district must follow the designation procedures in Sec. 1310X.
3. Removal from Pomona Register of Historic Places
The Historic Preservation Commission must not recommend that a resource be removed from the Local Register unless it is discovered that the information relied on by the Historic Preservation Commission and the City Council in making the original designation was erroneous or false, or that circumstances wholly beyond the owner’s control have rendered the resources ineligible for designation based on the criteria listed in Sec. XX. and it would be infeasible to restore the resource.
A resource cannot be removed from the Local Register merely because the value of the resource has been degraded by neglect.
4. Non-Contributing Resource Status Change
a. The City Council may change a non-contributing resource’s designation status under the following circumstances:
1. A non-contributing resource has been restored so that it would be considered contributing to an historic district the City Council may; or
2. A non-contributing resource that will be restored through a Mills Act contract. b. The process for changing the status of a non-contributing resource must be the same as the designation process.
8-6 Zoning & Development Code | Pomona, California DRAFT May 16, 2024 Part 8 | Historic Preservation, Specific Plans, & Overlay Districts Standards
5. Points of Historical Interest
The Point of Historical Interest program is a program designed to recognize those locations where significant historical resources once existed, but either no longer exist or have been so heavily altered that they are no longer eligible for designation. a. Any property may be designated by City Council as a Point of Historical Interest pursuant to Sec.
XX. if the property meets the following:
1. The location was associated with significant events, the lives of significant people, or businesses, or an architecturally significant building;
2. The location no longer has any architectural or historical integrity; and
3. The location is not eligible for Designation.
b. Points of Historical Interest are recognized, but not designated historic. They are not considered historic and they do not qualify as an eligible historic resource. c. The purpose of the Points of Historical Interest program is to recognize otherwise-intangible historic facts about a place in the City. Points of Historical Interest are strictly informational in nature.
d. Relationship with other laws. Points of Historical Interest are not historic under the California Environmental Quality Act ("CEQA") (Public Resources Code section 21000 et seq.) or the State CEQA Guidelines (14 Cal. Code Regs. Section 15000 et seq.), the National Environmental Protection Act, or any other environmental law, statute, or regulation.
6. Historic Compliance
When alterations, restorations, rehabilitations, remodeling and additions to Historical Resources are accomplished in substantial accord with the Guidelines set forth in this section, as determined by the Director, a Certificate of Appropriateness from the Historic Preservation Commission is not required prior to issuance of a building permit in the following cases:
a. Minor Work
The Director may deem that certain work to Historical Resources are “minor”. “Minor” work is intended for those projects that do not change the design, character-defining features, or materials of the resource. This may include, but is not limited to, like-for-like re-roofs, foundation repairs / seismic retrofit, chimney repairs, solar panel installation, construction, demolition or alteration of fences not visible from the public right-of-way, replacement, or addition of mechanical, electrical, or plumbing equipment; and wall or monument signs, provided that no change in appearance occurs or the proposed change restores period feature(s)
b. Appeals
Minor work is ministerial in nature and there is no appeal of staff’s determination.
7. Certificate of Appropriateness
A Certificate of Appropriateness process is established to ensure that any alteration to an Historical Resource is in keeping with the historic character of the resource.
DRAFT May 16, 2024 Pomona, California | Zoning & Development Code 8-7 Standards Part 8 | Historic Preservation, Specific Plans, & Overlay Districts a. General Requirements
1. Minor Certificates of Appropriateness (Alterations)
Projects that alter, or have the potential to alter character-defining features and/or the historic character of historic resources require approval of the Planning Division. Review of these projects is to determine if a proposed project meets the applicable design standards and guidelines, as adopted by the Historic Preservation Commission. Projects that do not meet the applicable design standards and guidelines require a Major Certificate of Appropriateness. Additions to historic resources, construction of accessory structures, and infill development, are not considered alterations and require a Major Certificate of Appropriateness.
2. Major Certificates of Appropriateness
Projects that alter, or have the potential to alter character-defining features and/or the historic character of historic resources and fit into one of the categories below require approval of the Historic Preservation Commission. Projects requiring approval of the Historic Preservation Commission include, but are not limited to, the following:
i. Alterations that do not meet applicable design standards and guidelines ii. Additions to historic resources
iii. Construction of accessory structures, and
iv. New Construction / infill development.
v. Development projects that may impact archaeological resources.
3. No permit must be issued for work on a Historical Resource until a Certificate of Appropriateness or Certificate of Historic Compliance has been issued in accordance with this section.
4. Once a Certificate of Appropriateness has been issued, the Director, may inspect the work to ensure that the work complies with the approved Certificate of Appropriateness. b. Procedures
Applications for a Certificate of Appropriateness must be processed in accordance with the procedures listed in Sec. 1310X of this code.
c. Secretary of the Interior’s Standards for the Treatment of Historic Properties Any proposed work on an Historical Resource should follow the intent of the Secretary of the Interior’s Standards for the Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring and Reconstructing Historic Buildings. These standards were developed by the federal government to set up very broad, general philosophical principles regarding work done to historic properties. Any proposed work should follow these general principles along with any standards and guidelines adopted by the Historic Preservation Commission. d. Environmental Review
The City of Pomona must conduct an environmental review of all Certificates of Appropriateness pursuant to CEQA (PRC Section 21000 through Section 21178) and the CEQA Guidelines (CCR 8-8 Zoning & Development Code | Pomona, California DRAFT May 16, 2024 Part 8 | Historic Preservation, Specific Plans, & Overlay Districts Standards Section 15000 through Section 15387). Any required Negative Declaration, Mitigated Negative Declaration (MND), or Environmental Impact Report (EIR), must be adopted by the Historic Preservation Commission before approving the project.
e. Infill Development
1. New structures constructed within a Historic District must be designed to be compatible with the architectural style, features and historic character of the district.
2. New buildings must be compatible with the original style of the contributing buildings within an Historic District. The design of the new building must incorporate the following considerations:
i. The design must incorporate the design features and details of contributing structures. ii. The height, width, and length of the new building must be consistent with the original characteristic of the contributing structures.
iii. The exterior materials and treatment must be similar to the contributing structures. f. Hardship
The Historic Preservation Commission may, in cases of hardship, defer requirements and/or Conditions of Approval in order to remedy a hardship on a property owner.
1. In order to be eligible for hardship, the following conditions must exist:
i. The property must be a single-family, owner occupied, and non-income producing property.
ii. The work proposed is required to be completed in order to comply with codes, and/or to meet life/safety requirements of the Building Code(s).
iii. The conditions that exist and require the proposed work were created through no fault of the property owner.
2. In making a determination for hardship, the Historic Preservation Commission must take into account whether all means involving City-sponsored incentives, such a transfer of development rights, tax abatements, financial assistance, building code modifications, changes in the zoning ordinance, loans, grants, and reimbursements, have been explored to relieve the asserted economic hardship.
8. Certificate of Economic Hardship
The Historic Preservation Commission may issue a 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. a. Procedures
Applications for a Certificate of Appropriateness must be processed in accordance with the procedures listed in Sec. XX.
DRAFT May 16, 2024 Pomona, California | Zoning & Development Code 8-9 Standards Part 8 | Historic Preservation, Specific Plans, & Overlay Districts b. Approval
1. Upon approval, copies of the Economic Hardship Exception must be forwarded to the applicant, the Building Official, the Director, and any other department or agency that requests one.
2. Decisions of the Historic Preservation Commission regarding a Certificate of Economic Hardship on are subject to appeal in accordance with Sec. XX. (No Economic Hardship Exception) must become effective until the time to appeal its approval has expired.
9. Demolition Review of Structures 50+ Years Old
The Historic Preservation Commission must review any property 50 years old, as of the date of the demolition permit application or older to determine the eligibility for historic designation prior to the issuance of a demolition permit. This a 2-step process:
a. Step 1: Determination of Historic Eligibility
Any property 50 years old or older proposed for Deconstruction must be evaluated to determine if the property is eligible for historic designation as required in Sec. XX. Properties determined eligible will proceed to step two (2) below. For properties determined not eligible for historic designation, they are no longer in the purview of the Historic Preservation Commission. Any determination by the Historic Preservation Commission is subject to appeal per Sec. XX. b. Step 2: Certificate of Deconstruction
Any property determined by the Historic Preservation Commission to be eligible for historic designation must follow the Certificate of Deconstruction requirements in Sec. XX.
10. Certificate of Deconstruction
A Certificate of Deconstruction process is established for deconstructions to ensure that any deconstruction of an eligible or designated Historic Resource complies with the requirements of this chapter to mitigate the impacts of deconstruction.
a. General Requirements
1. A Certificate of Deconstruction is required for any demolition, in whole or in part, of an Historic Resource.
2. No permit must be issued for demolition of an Historic Resource until a Certificate of Deconstruction has been issued in accordance with the provisions of this section. b. Procedures
Applications for a Certificate of Deconstruction must be processed in accordance with the procedures listed in Sec. 1310X of this Code.
c. Environmental Review
The deconstruction of an Historic Resource is an adverse impact under CEQA and a Draft Environmental Impact Report (EIR) is required prior to a project being deemed complete. As part of that review, any mitigation fee required under Sec. XX will be included the Draft EIR as a mitigation measure.
8-10 Zoning & Development Code | Pomona, California DRAFT May 16, 2024 Part 8 | Historic Preservation, Specific Plans, & Overlay Districts Standards
11. Demolition Mitigation Fee
a. Purpose
The City has declared that vacant, abandoned and distressed properties, especially when the owner of the property fails to maintain the property, is a major cause and source of blight in the City. In addition, the owners of historic properties have a duty to keep their properties in good repair. The purpose of this Section is to establish the Demolition Impact Fee whereby the impacts resulting from the demolition (either in part or whole) of historic resources and buildings 50 years old or older; that may be lessened by the collection of fees that will provide a source of funds for the conservation, preservation, restoration, and rehabilitation of historic resources within the City.
b. Applicability
1. A mitigation fee, in an amount established by this Section, must be paid prior to the issuance of any permit for demolition, whether in whole or in part, of any historic resource, including accessory buildings and structures that do not contain living space, such as garages and workshops, which contribute to the historic significance of a property; or any building 50 years old or older. The mitigation fee must be deposited in the Historic Preservation Trust Fund established pursuant to Sec. XX (Historic Preservation Trust Fund).
2. The City Council may reduce the amount of mitigation fee to be paid if it can be clearly established that the amount of fee to be paid would amount to a regulatory taking of property.
3. Additions and accessory buildings and structures determined not to be contributing to the significance of the property must not be assessed a mitigation fee. c. Mitigation Fee Formula
1. The Mitigation Fee must be calculated as follows: Square footage x Building Valuation x Historic Significance Percentage
i. The square footage is based on County Assessor information or building permit information. If there is a discrepancy between the County Assessor and building permit information, the Director must determine which data to use. ii. The building valuation is based on the most current International Code Council (ICC) Building Valuation Data (current valuation at time of application) for the applicable type of construction for the building.
iii. The historic significance percentage based on the percentages identified in subparagraph F below and on the Grading System established in Sec. XX. d. Process
The Mitigation Fee must be included as part of the EIR process, as required by CEQA. This process will determine potential adverse impacts to historic resources and provide mitigation measures.
e. Historic Significance Percentage
The Historic Significance Percentage for each grade must be as follows:
DRAFT May 16, 2024 Pomona, California | Zoning & Development Code 8-11 Standards Part 8 | Historic Preservation, Specific Plans, & Overlay Districts
1. Grade I: 30 percent
2. Grade II: 20 percent
3. Grade III: 10 percent
4. Grade IV: 5 percent
12. Deconstruction Grading System
The Historic Preservation Commission must be responsible for the adoption of the Historic Resource Grade List, which must be maintained by the Director. A historic resource may be designated “Grade I, Grade II, Grade III, or Grade IV”, as defined in subparagraph A below by the Historic Preservation Commission based on the criteria listed below to establish a ranking of historic resources within the City, based upon the determined significance of each resource, as specified below. For the purpose of this Section, upon determining the appropriate Grade for a historic district, the Historic Preservation Commission may rank all contributing structures within that district into the same Grade designation. Grade I, II and III historic resources must be judged based upon their determined degree of significance, pursuant to the criteria contained in Sec. XX. (Historic Resource Tiering Criteria).
a. Preservation Categories
1. Grade I
Grade I resources consists of historic resources that should not be demolished or significantly altered under any circumstances, regardless of their designation status.
Resources within this grade are determined to be the City’s most significant historical or cultural resources. Grade I resources must meet one or more of the following:
i. A resource listed on the Pomona Register that meets at least one of the criteria within the Architecture category, and 3 criteria within the History category; or ii. A contributing resource within a district that meets at least one of the criteria within the Architecture Category and 3 criteria within the History Category.
2. Grade II
Grade II consists of historic resources wherein demolition of these properties should be avoided. Grade II resources must meet one or more of the following:
i. Any historic resource listed or determined eligible for listing in the National Register of Historic Places;
ii. Any historic resource listed or determined eligible for listing in the California Register of Historic Resources;
iii. A historic resource listed on the Pomona Register and meets at least 2 criteria within the Architecture or History categories; or
iv. A contributing resource within an eligible historic district wherein the district meets at least 2 of the criteria in either the Architecture or History categories. 8-12 Zoning & Development Code | Pomona, California DRAFT May 16, 2024 Part 8 | Historic Preservation, Specific Plans, & Overlay Districts Standards
3. Grade III
Grade III consists of historic resources that are Designated Local Historic Landmarks, are contributing properties within Designated Local Historic Districts, or are eligible historic resources. Demolition of these resources should be avoided where possible but may be appropriate under certain circumstances.
4. Grade IV
Grade IV consists of properties over 50 years old that are not determined to be historic. b. Grade Criteria
The following listing contains criteria to be used in determining the Tier designation of a historic resource:
1. Landmark Architecture Criteria
i. The resource is prototypical, or one of the finest examples, of a period, style, architectural movement, or construction in the City of a particular style of architecture, building type, or historical or archaeological object. Only preeminent examples should be considered. Good representative examples of a style, period or method of construction are not appropriate; or
ii. The resource is the first, last, only, or one of the finest examples, notable works, or the best surviving work by an architect or designer of major importance to the City, State or Nation.
2. District Architecture Criteria
i. The district contains resources that are a prototype of, or one of the finest examples of, or the first, last, only, or few remaining groupings of a period, style, architectural movement, or construction in the City of a particular style of architecture, building type, or historical or archeological object. Only preeminent examples should be considered.
Good representative examples of a style, period or method of construction are not appropriate; or
ii. The district contains resources that are the first, last, only, or the finest examples, notable works, or the best surviving work by an architect or designer of major importance to the City, State or Nation.
3. Landmark and District History Criteria
i. The resource is the location of a historic event(s) that has significantly contributed to the history of the City, State, or Nation;
ii. The resource is associated with a business, company, or individual that has made a significant cultural, social, or scientific contribution to the City, State, or Nation; iii. The resource is identified with a person(s) who has exerted a major influence on the heritage or history of the City, State, or Nation;
iv. The resource has a direct relationship to one of the principal historic contexts in the City’s history; or
DRAFT May 16, 2024 Pomona, California | Zoning & Development Code 8-13 Standards Part 8 | Historic Preservation, Specific Plans, & Overlay Districts v. The resource is related to the archaeological past of the region.
13. Historic Preservation Trust Fund
a. Purpose
The purpose of the Historic Preservation Trust Fund is to provide funding, under direction of the City Council, for the conservation, preservation, restoration, and rehabilitation of historic resources within the City.
b. Applicability
The Historic Preservation Trust Fund is hereby established as means to receive, recycle, and replenish monies to assist the funding of historic preservation projects within the City. All funds deposited in the Historic Preservation Trust Fund must be used solely for the conservation, preservation, restoration, and rehabilitation of historic resources, as provided in this Section. c. Trust Fund Administration
1. The City Council must have authority for establishing policy for Historic Preservation Trust Fund expenditures.
2. The Historic Preservation Commission must have authority to make recommendations to the City Council regarding grant and loan applications, acquisition of property, contracts and lease agreements, and any other action or activity necessary or appropriate to implement its powers or duties to fulfill the objectives of the Historic Preservation Trust Fund.
3. The City Manager, or designee of the City Manager, must serve as financial administrator of the Historic Preservation Trust Fund and must be responsible for management of its finances, which must be carried-out pursuant to all applicable federal, State and local laws.
4. The Director, or his/her designee, must serve as program administrator of the Historic Preservation Trust Fund and must be responsible for its day-to-day management and operations.
d. Historic Preservation Trust Fund Proceeds
1. Deposits
All funds received by the City for historic preservation purposes must be deposited in the Historic Preservation Trust Fund. The City’s Finance Department may establish separate accounts within the Trust Fund for the purpose of separating deposits according to their origin or intended purpose.
2. Grants, Gifts, and Donations
In addition to any public funds appropriated expressly for the purpose of this Subsection, the program administrator may apply for grants, gifts, donations, subventions, rents, royalties, and other financial support, or real or personal property, from private sources, pursuant to City policies. All money received from private sources must be deposited in a separate account established pursuant to Sec. XX. (Deposits), above, and must be appropriated to the program administrator for expenditures for historic preservation projects pursuant to this Section.
8-14 Zoning & Development Code | Pomona, California DRAFT May 16, 2024 Part 8 | Historic Preservation, Specific Plans, & Overlay Districts Standards
3. Deposit of Proceeds from Any Lease, Rental, Sale, Exchange, or Transfer of Real Property All proceeds from any lease, rental, sale, exchange, or transfer of real property, or any interest therein or option thereon, must be deposited in the Historic Preservation Trust Fund, together with any other reimbursements, repayments, and income received by the program administrator.
e. Historic Preservation Trust Fund Program Activities
1. Properties
i. Acquisition
Pursuant to State Property Acquisition Law (GC Section 15850 et seq.), the City may acquire, fee title, or any lesser interest, in any real property whose preservation is required to meet the policies and objectives of the City’s historic preservation program. The City may accept gifts or dedications of real property and may enter into an option to purchase real property in order to meet the purposes of this provision. ii. Agreements for Preservation and Management
In order to carry out historic preservation projects, the financial administrator may initiate, negotiate, and participate in agreements with public agencies, nonprofit organizations, private entities, or individuals for the preservation and management of historic resources under their control, and enter into any other agreements authorized by state law, as approved by the City Council.
iii. Real Property Transactions; Authorization
Notwithstanding any other provision of federal, State or local law, the financial administrator may lease, rent, sell, exchange, or otherwise transfer any real property acquired under this section, or interest therein or option to purchase, provided that the City Council first determines that the action is in the best interests of the City. iv. Acquisition, Conservation, Return, and Transfer of Title a) The City Council may acquire any interest in real property pursuant to Sec. XX (Properties), with historic (including archaeological) significance, or necessary for the preservation or management of a property, in order to prevent the loss of historic integrity, prevent imminent destruction, or to otherwise secure the preservation of the historical resource.
b) The program administrator may undertake conservation or preservation activities for historic resources acquired Pursuant to this Section.
c) The program administrator must encourage, to the greatest extent feasible, the acquisition of historic resources by other qualified purchasers. d) The City Council must take all feasible action to return or transfer title to historic resources, to a nonprofit organization, another public agency, private entity, or individual, for all properties acquired for historic resource preservation pursuant to this Section.
DRAFT May 16, 2024 Pomona, California | Zoning & Development Code 8-15 Standards Part 8 | Historic Preservation, Specific Plans, & Overlay Districts
2. Loans and Grants
Money in the Historic Preservation Trust Fund must be available, upon recommendation of the Historic Preservation Commission and appropriation by the City Council, for all loans and grants to public agencies, nonprofit organizations and private entities, to carry out the purposes of this Section.
i. Qualifying Properties
The City Council may award a grant or loan for properties that are designated a local historic landmark or a contributing structure in a designated local historic district, or are listed on the California Register of Historic Resources or the National Register of Historic Places, excepting those projects that are “interpretative,” as described in Sec. XX. (Interpretive Projects).
ii. Agreements
No loan or grant must be made except pursuant to an agreement with the City, and subject to terms and conditions approved by the City Council, upon recommendation of the Historic Preservation Commission, which must ensure that each requested loan or grant carries out the purposes of this Section.
iii. Authorization to Contract and Issue Grants or Loans The financial administrator may, upon City Council approval, enter into contracts and make grants or loans with public agencies, nonprofit organizations, or private entities, to further the purposes of City’s historic preservation program, and to carry out activities for this purpose.
iv. Matching Funds
All grants and loans should include a cash match for the historic preservation project.
Guidelines for determining the amount of required matching funds, if any, must be adopted by resolution of the City Council. Donated materials and services, staff salaries and organizational overhead costs may be eligible sources of match. The City Council may waive the matching funds requirement.
v. Excess Funds
After completion of a historic preservation project, a grant or loan recipient must return to the Historic Preservation Trust Fund, the amount of the grant or loan that exceeds the eligible project’s costs.
3. Qualifying Projects for Competitive Grants and Loans Competitive Grants and loans are hereby established for the following project types:
i. Construction Projects
Construction projects include the preservation, restoration, exterior rehabilitation, or rehabilitation of the foundation, structural, electrical, or plumbing systems of a historic resource. Qualifying construction projects do not include new additions, routine maintenance such as simple, small-scale activities requiring only minimal skills or training 8-16 Zoning & Development Code | Pomona, California DRAFT May 16, 2024 Part 8 | Historic Preservation, Specific Plans, & Overlay Districts Standards associated with regular (daily, weekly, monthly, etc.) and general upkeep of a property against normal wear and tear), reconstruction, demolition, or relocation. ii. Planning Projects
Planning projects identify, document, and record historic resources according to applicable local, state, and federal standards, and/or contribute to the development of the City’s historic context, and/or contribute to the development of a Historic Structures Report, Building Conditions Assessment, conservation plan or preservation plan. iii. Interpretative Projects
Interpretative projects consist of the creation of interpretative media to educate the public on the City’s history and/or historic resources.
4. Project Selection Criteria
The award of a grant or loan for a historic preservation project must be based upon consideration of the following criteria:
i. Level of historic significance of the resource, based upon the Grade; ii. Level of urgency for the project to avoid the loss of a historic resource; iii. Value of improvement to ensure preservation of the historic resource; iv. Overall benefit to the community through the public’s ability to observe and experience the historic resource;
v. Ability to match funds, if required; and
vi. Level of professional qualifications for administrating project to demonstrate the ability to successfully complete the project.
5. Qualifying Projects for Emergency Non-Competitive Grants and Loans In the event that a historic resource is in need of immediate and unanticipated work to prevent its demolition resulting from an unforeseen disaster, such as fire, flood, wind, earthquake or other calamity, the public enemy, or other cause that is beyond the control of the property owner and could not otherwise have been prevented by reasonable care and maintenance of the structure, the City Council may establish a non-competitive emergency grant and/or loan for the following emergency project types, which are not otherwise covered by property owner insurance:
i. Securing, shoring and/or stabilizing a historic resource; ii. Abatement of hazardous health materials and sources which lead to structural deterioration; and
iii. Preparing a historic Structure Report and/or Preservation Plan approved by Director.
14. Time Extensions for Certificates of Appropriateness a. A Minor Certificate of Appropriateness must lapse and become void 12 months after the date of approval, unless a building permit (if required) has been issued and work authorized by the DRAFT May 16, 2024 Pomona, California | Zoning & Development Code 8-17 Standards Part 8 | Historic Preservation, Specific Plans, & Overlay Districts Certificate of Appropriateness has commenced prior to such expiration date and is diligently pursued to completion.
b. A Major Certificate of Appropriateness must lapse and become void 24 months after the date of approval, unless a building permit (if required) has been issued and work authorized by the Certificate of Appropriateness has commenced prior to such expiration date and is diligently pursued to completion.
c. Upon request of the property owner 30 day prior to the expiration of the application, and a showing of delays due to no fault of the applicant or reasonable diligence by the applicant, the Director may extend a Certificate of Appropriateness for an additional 2 periods of 12 months each. The Director may approve, approve with conditions, or deny any request for extension.
15. Revocation of Certificates
a. A Certificate of Appropriateness or Economic Hardship may be revoked or modified following notice to the applicant and property owner and a hearing pursuant to Sec. XXX. of this Code upon a finding by the Historic Preservation Commission that the applicant or property owner is responsible for:
1. Noncompliance with any terms or conditions of the Certificate,
2. Noncompliance with any provision in this article, or
3. Fraud or misrepresentation in the obtaining of the Certificate. b. Procedures
1. Revocation proceedings may be initiated by a dated writing signed by the Secretary who must give notice of the potential revocation to the applicant and the property owner by certified mail. Upon receipt of such a notice, the applicant and property owner, and their agents and contractors, must cease all work pursuant to the Certificate until a final determination by the Historic Preservation Commission can be made unless the Secretary provides written authorization for specified work to secure the project site and protect historic resources pending a Historic Preservation Commission decision.
2. A proposal to revoke a certificate must be scheduled for the next Historic Preservation Commission meeting, allowing for public noticing pursuant to Sec. XX.
3. The Historic Preservation Commission must determine whether or not to revoke the certificate within 60 days of initiation of the proceedings.
4. The applicant shall be notified of the Historic Preservation Commission’s decision by mail within 10 days.
16. Tree Preservation
Tree on historic properties and in historic districts are important character-defining features. This section provides for the protection of mature trees.
8-18 Zoning & Development Code | Pomona, California DRAFT May 16, 2024 Part 8 | Historic Preservation, Specific Plans, & Overlay Districts Standards a. Coordination with Southern California Edison on Line Clearing Activities
1. Annual Line Clearing Schedule Notification
Annually, Southern California Edison must submit to the Public Works Department a schedule of anticipated tree trimming in all City historic districts and historic sites. The schedule must identify contractors and locations.
2. Palm Tree Identification
Annual notification must include identification of all palm trees in City historic districts and historic sites that have the potential to encroach on power lines.
3. Line Clearing Standards
All line clearance work on mature significant trees, specimen (heritage) trees, or City street trees must be in compliance with the utility pruning standards established by the International Society of Arboriculture and the Utility Arborists Association, A summary of the standards is presented in Sec. XX.
4. Historic Preservation Commission Notification
All notifications provided to the Public Works Department must be sent to the Historic Preservation Commission within 10 days of a scheduled tree trimming within all City historic districts and historic sites.
b. Removal of Character-Defining Landscaping
1. Application Process
All requests to remove Character-Defining Landscaping must be accepted and processed by the Planning Division through a Minor Certificate of Appropriateness application.
2. Permitted Removals
Removal of Character-Defining Landscaping must be permitted if one of the following criteria is met, subject to approval of a Minor Certificate of Appropriateness. i. Danger to Public Welfare
A Minor Certificate of Appropriateness must be obtained prior to removal of any and all character-defining landscaping within historic districts and historic sites throughout the City that is clearly a danger to the public welfare, including trees that are in danger of toppling, blocking traffic visibility and cannot be trimmed to allow a clear line of sight, damaging structures that threaten lives, and/or damaging infrastructure that provide essential services such as electrical power or communications that could threaten lives or the provision of essential services such as electrical power or communications.
The City Building Official, City Engineer, and/or City Arborist must assess all potential dangers to the public welfare, determine the severity of the situation and provide a recommendation to the Planning Manager. This does not include damage to sewer and water lines that disrupt service to private property unless a danger to the public welfare is present. A Minor Certificate of Appropriateness may be approved after removal of any character-defining landscaping in situations where there is a verified imminent danger to the public welfare so as not to delay removal of the imminent danger.
DRAFT May 16, 2024 Pomona, California | Zoning & Development Code 8-19 Standards Part 8 | Historic Preservation, Specific Plans, & Overlay Districts ii. Dead or Diseased Trees
A Minor Certificate of Appropriateness must be obtained prior to removal of any dead or diseased trees within historic districts and historic sites throughout the City that are not likely to recover and/or have the potential to infect other nearby trees. The City Arborist must assess all dead or diseased trees and provide a recommendation to the Planning Manager.
3. Unpermitted Removal
A retroactive Minor Certificate of Appropriateness be obtained for all unpermitted removal of any and all character-defining landscaping within historic districts and historic sites throughout the City.
4. Major Certificates of Appropriateness
A request to remove a tree that does not meet the criteria in Sec. XX. above, or the requirements in the design guidelines must require the approval of a Major Certificate of Appropriateness by the Historic Preservation Commission. c. Pruning and Trimming
All trees, except Oak Trees, located within historic districts and historic sites throughout the City pruned or trimmed in conformance with the most current guidelines of International Society of Arboriculture and the American National Standards Institute (ANSI) A300-Pruning Standards must not require a permit. Pruning or trimming that deviates from these guidelines must require a Minor Certificate of Appropriateness. Trimming of Oak trees require a Minor Certificate of Appropriateness.
d. Replacement
The removals of any and all character-defining landscaping within historic districts and historic sites throughout the City must be subject to replacement as defined below.
1. Permitted Removals
Permitted removal of any and all character-defining landscaping subject to a Minor Certificate of Appropriateness must be replaced based on a ratio that replaces the benefit loss of the removed tree(s) using an objective methodology acceptable to the City Arborist.
The replacement trees must be planted with suitable species selected from the City's recommended tree palette and with the approval from the City Arborist. If any trees cannot be planted on the subject property, or the immediate public right-of-way, an in-lieu fee may be paid into the City's tree mitigation and planting fund, which must be used to plant trees within the historic district where the tree(s) were removed. The tree replacement requirements must be satisfied within one year of the granting of a Minor Certificate of Appropriateness for tree removals.
2. Unpermitted Removals
Unpermitted removal of any and all character-defining landscaping subject to a retroactive Minor Certificate of Appropriateness must be replaced based on a ratio that replaces the benefit loss of the removed tree(s) multiplied by 2 using an objective methodology acceptable to the City Arborist. The replacement trees be planted with suitable species 8-20 Zoning & Development Code | Pomona, California DRAFT May 16, 2024 Part 8 | Historic Preservation, Specific Plans, & Overlay Districts Standards selected from the City's recommended tree palette and with the approval from the City Arborist. If any trees cannot be planted on the subject property, or the immediate public right-of-way, an in-lieu fee may be paid into the City's tree mitigation and planting fund, which be used to plant trees within the historic district where the tree(s) were removed. The tree replacement requirements must be satisfied within one year of the granting of a Minor Certificate of Appropriateness for tree removals. This section must not apply to the removal of character-defining landscaping that is an imminent danger to the public welfare.
3. Unpermitted Removals during Construction Activities
If a tree removal occurs in the course of any construction activities authorized pursuant to a conditional use permit, variance, design review, tentative map or other discretionary land use approval or any city-issued grading permit, building permit, excavation permit or temporary certificate of occupancy, the City, in addition to all other remedies available to it under this chapter, may issue a stop-work order suspending and prohibiting further activity on the property until a mitigation plan has been filed with and approved by the Planning Manager, agreed to in writing by the property owner(s) and either implemented or guaranteed by the posting of adequate security. The mitigation plan include measures for the protection of any remaining Protected Trees.
17. Appeals
Appeals related to historic resources will be processed in accordance with Sec. XX. (Appeals) of this code.
18. Archaeological Resources
a. Requirements for Archaeological Resources
The following studies are required for any project that has the potential to affect archaeological resources. All reports will be prepared in accordance with federal and state guidelines and by persons that meet the Secretary of the Interior’s Professional Qualification Standards.
1. Phase I Archaeological Assessment
A Phase I Archaeological Assessment is required for any property listed or located within a potentially eligible historic merit or thematic districts or any other historical resources identified in the General Plan.
2. Exceptions to a Phase I Study
Exceptions to the Phase I study requirement can be made by the Director in cases where:
i. Prior archaeological or historic studies have been performed and no significant deposits have been found;
ii. Building additions and modifications will not exceed five percent (5%) of the existing building footprint square footage;
iii. Interior remodeling or exterior facade renovation is proposed; or iv. Other circumstances that, in the Development Services Director’s judgment, warrant an exemption from the Phase I study requirement. Exemption decisions should be coordinated as part of Planning staff review of a project. Exemptions must not be DRAFT May 16, 2024 Pomona, California | Zoning & Development Code 8-21 Standards Part 8 | Historic Preservation, Specific Plans, & Overlay Districts permitted for Phase I, II, or III studies on any parcel where archaeological deposits or historic structures meeting CEQA definitions of significance are met.
3. Phase II Study
i. Archaeological Significance Evaluations. A Phase II study is required if archival or physical evidence on the surface of a location proposed for development indicates that historic or prehistoric archaeological resources or important Historical Resources may be present.
Any Phase II (subsurface) archaeological test excavations be designed and implemented by trained historic and/or prehistoric archaeologists. The Phase II requirements are mandatory where any significant cultural resource is identified as a result of Phase I evaluation.
ii. A Phase II study also determine the probable area and vertical extent of archaeological remains and determine whether the deposits are intact and meet CEQA eligibility requirements pursuant to CEQA Guidelines. In the cases of historic structures, the Phase II study identify the significance of the structure and any potential mitigation plan which may reduce impacts to the structure. The Phase II report include a plan for mitigation complying with Appendix K of the CEQA Guidelines if significant deposits or historic buildings or sites are encountered.
4. Phase III Data Recovery and Mitigation Program
A Phase III Data Recovery and Mitigation Program must be required when any archaeological resources are determined to be eligible Historical Resources under this ordinance or the CEQA Guidelines. Any impacts to a significant historic or prehistoric archaeological site or standing structure must be mitigated through a Phase III (subsurface testing or architectural documentation) data recovery program. Financial limitations on Phase III programs must conform to Appendix K of the CEQA Guidelines, unless construction is undertaken with Federal funds in which case mitigation funding must comply with and be limited by Federal standards and guidelines. If feasible, construction impacts to significant archaeological deposits must be minimized through the use of less destructive footing construction technology (post-tensioned slabs, pier footings, etc). All studies must include mitigation measures to reduce the impact of the proposed project on the archaeological resources.
These studies must be completed as part of a Certificate of Appropriateness Application.
5. Public Records Act
The City of Pomona will treat all archeological site information, including reports with specific site locations, as confidential information. However, since many non-sensitive properties (such as rock walls, ditches, Victorian buildings, etc.) have been recorded on archeological site records, a review of the individual site record should be accomplished to determine whether this property's location and information should be withheld in any given circumstance. This information will be kept on file with the City of Pomona Planning Division. The Development Services Director, in consultation with the Historic Preservation Commission will develop a policy regarding access to such records. Any policy should be consistent with state or federal regulations.
19. The Mills Act
A Mills Act contract process is established to provide economic incentives for the preservation of a Designated Historic Landmark or contributing structure within a Designated Historic District. 8-22 Zoning & Development Code | Pomona, California DRAFT May 16, 2024 Part 8 | Historic Preservation, Specific Plans, & Overlay Districts Standards a. General Requirements
All Designated Historic Landmarks, contributing structures in Designated Historic Districts and properties listed on the National Register of Historic Places or the California Register of Historical Resources are eligible for Mills Act Contracts, pursuant to the California Government Code (Sec. 50280 through 50289).
b. Consideration of Non-Contributing Resources
A non-contributing resource to a designated historic district may be considered for a Mills Act Contract if it will be restored to a point that is would qualify for redesignation as a contributing structure by the completion of the projects approved under the contract. The resource must be re-designated as a contributing resource prior to the approval of the Mills Act Contract. c. Required Provisions of a Mills Act Contract
All Mills Act contracts must comply with the California Government Code (Sec. 50281.), which include, but are not limited to:
1. The term of the contract shall be for a minimum of 10 years.
2. The applicant and property owners must be required to comply during the term of the contract with the U.S. Secretary of the Interior’s Standards for Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring and Reconstructing Historic Buildings and the State Historic Building Code.
3. The City must be authorized to conduct periodic inspections to determine the applicant’s and property owner’s compliance with the contract.
4. The contract must be binding upon, and inure to the benefit of, all successors in interest of the owner and the applicant.
5. The contract must require written notice to the State Office of Historic Preservation within six months of execution of the contract
d. Qualifying Projects
The Historic Preservation Commission must develop and regularly update a list of priority projects and a list of non-qualifying projects for Mills Act contracts. e. Applications
All applications must be filed with the Department. The applicant is encouraged to confer with the Department before submittal of the application. All Applications must include:
1. A copy of the latest grant deed for the property
2. 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.
3. A financial analysis form showing current property taxes and estimated taxes for the property under a Mills Act contract.
4. Required Fee(s).
DRAFT May 16, 2024 Pomona, California | Zoning & Development Code 8-23 Standards Part 8 | Historic Preservation, Specific Plans, & Overlay Districts f. Procedures
Applications for a Mills Act Contract must be processed in accordance with Sec. XX. g. Findings
To grant approval of a Mills Act contract, the City Council must make the following findings:
1. That based on information contained in the program application including, but not limited to the Restoration, Rehabilitation and Preservation Plan, cost estimates, estimated tax savings to the property owner and other related information, the approval of the Mills Act contract will serve to compensate the City for the reduction in property taxes received.
2. That the Restoration, Rehabilitation and Preservation Plan will extend the life of the structure(s), protect the historic and aesthetic value of the property, and comply with the rules and regulations of the State Office of Historic Preservation of the Department of Parks and Recreation; the United States Secretary of the Interior's Standards for Rehabilitation; the State Historic Building Code; and the City of Pomona Municipal Code, Historic Preservation Ordinance and Design Guidelines.
h. Recordation
The approved contract must be recorded with the County Recorder within 20 days of approval. i. Non-renewal
A Mills Act contract must be a perpetual, 10-year contract that automatically renews annually unless and until either party gives written notice to the other that the contract will not be renewed upon the expiration of its current term.
j. Cancellation
A Mills Act contract may be canceled or modified if the Historic Preservation Commission finds after written notice to the applicant and the property owner and a hearing pursuant to Sec. XX. that:
1. The owner or applicant is responsible for:
i. Noncompliance with any terms or conditions of the contract, ii. Noncompliance with any provision in this article, or iii. Misrepresentation or fraud used in the process of obtaining the contract.
2. The historic resource has been:
i. Destroyed by fire, flood, wind, earthquake or other calamity, or the public enemy, ii. Taken by eminent domain.
k. Cancellation Procedures
Cancellation proceedings may be initiated by any member of the Historic Preservation Commission.
8-24 Zoning & Development Code | Pomona, California DRAFT May 16, 2024 Part 8 | Historic Preservation, Specific Plans, & Overlay Districts Standards
1. Once notice of possible cancellation has been given under Sec, XX. (Findings), the proposed cancellation must be scheduled for the next Historic Preservation Commission meeting, allowing for public noticing requirements in conformance with Sec. XX.
2. The Commission shall make a recommendation to the City Council which the secretary shall transmit to the City Council and to applicant and the property owner(s) by certified mail.