Minutes — City Council / Housing Authority, June 17, 2024

505 S. Garey Ave
City of Pomona Pomona, CA 91766
Regular Meeting Minutes
City Council / Housing Authority / Successor Agency to the Redevelopment Agency
uncilmember Elizabeth Ontiveros-Co
ouncilmember Steve Lustr

VISION STATEMENT
Pomona will be recognized as a vibrant, safe, beautiful community that is a fun and exciting destination and the home of arts and artists, students and scholars, business and industry.

Monday, June 17, 2024 7:00 PM Council Chambers

CALL TO ORDER
Mayor Sandoval called the City Council Meeting to order at 7:00 p.m.

CITY ATTORNEY REPORT OUT FROM CLOSED SESSION
There was no reportable action because there was no Closed Session meeting.

PLEDGE OF ALLEGIANCE
Vice Mayor Preciado led the pledge of allegiance.

ROLL CALL

Present: Mayor Tim Sandoval
Vice Mayor Victor Preciado
Councilmember John Nolte
Councilmember Nora Garcia - arrived at 7:02 p.m.

Councilmember Elizabeth Ontiveros-Cole
Councilmember Steve Lustro
Councilmember Robert Torres

Absent: None
Meeting Minutes June 17, 2024

STAFF PRESENT
Anita Gutierrez, City Manager
Albert J. Maldonado, City Attorney
Rosalia Butler, City Clerk
Karla Shipman, Assistant City Clerk
Christian Hsu, Deputy Police Chief
Evon Morgan, contracted by the City, provided translation services.

PRESENTATIONS
*A Proclamation of the City Council of the City of Pomona Recognizing June 19, 2024 a Celebration of "Juneteenth National Freedom Day" in the City of Pomona Mayor Sandoval presented the proclamation to Dr. Trudy Coleman who shared a few words of gratitude to City Council for their support.

The order of items heard after Presentations was as follows: City Manager Communications, Public Hearing Item No. 18, Public Participation, Consent Calendar items and Discussion Calendar items. Mayor Sandoval called for a recess after Public Hearing Item No. 18 at 10:24 p.m. and resumed the meeting at 10:37 p.m.

MAYOR/COUNCILMEMBER COMMUNICATIONS
There were no Mayor/Councilmember Communications.

CITY MANAGER COMMUNICATIONS
City Manager Gutierrez advised Consent Calendar Item No. 12 would be continued to a future meeting, and Consent Calendar Items No. 14 and No. 15 needed to be pulled.

PUBLIC PARTICIPATION
At the direction of the City Council Emergency Sub Committee, beginning with the July 18, 2022 Council meeting, emailed comments will no longer be read into the record during Council meetings. However, they will be included as part of the record/meeting minutes.

Live Comments were as follows:

Sandy Romo requested for additional patrol from the Pomona Police Dept. in her neighborhood during firework season so that people setting off illegal fireworks could be stopped
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Monique Robles discussed an incident that occurred after the last City Council meeting in which she felt her safety was jeopardized.

Dawn Van Allen expressed concerns over parking and traffic problems, and asked the City to take a pro-active approach to address those problems.

Greg Estel discussed how unpermitted and unlicensed sidewalk vendors are affecting brick and mortar restaurants located in the City.

Minerva Hernandez asked the City to enforce the sidewalk-vending ordinance the City adopted in 2018.

Gary Matthews discussed concerns with practices in the Water Resources Division.

CONSENT CALENDAR

MOTION BY VICE MAYOR PRECIADO, SECOND BY COUNCILMEMBER GARCIA CARRIED 7-0, to approve the entire Consent Calendar except for Item No. 12, which was continued to a future meeting, Item No. 14 and Item No. 15 that were both pulled for public comment.

1. Approval of a Master Joint Use Agreement Addendum No. 3 between the City and Pomona Unified School District for Common Educational and Recreational Objectives
It is recommended that the City Council take the following actions:
1) Approve the Master Joint Use Agreement Addendum No. 3 for the use of District property Mendoza Elementary; and
2) Authorize the City Manager, or designee, to execute the agreement on behalf of the City, subject to review and approval as to form by the City Attorney.

MOTION BY VICE MAYOR PRECIADO, SECOND BY COUNCILMEMBER GARCIA CARRIED 7-0, to approve the Master Joint Use Agreement Addendum No. 3 for the use of District property Mendoza Elementary; and authorize the City Manager, or designee, to execute the agreement on behalf of the City, subject to review and approval as to form by the City Attorney
Amend the FY 2023-24 Capital Improvement Program Budget It is recommended that the City Council adopt the following resolution:
)
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RESOLUTION NO. 2024-92 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, AMENDING THE FY 2023-24 CAPITAL

IMPROVEMENT PROGRAM (CIP) BUDGET BY UN-APPROPRIATING FUNDS IN THE AMOUNT OF $1,317,658, CLOSING THREE (3) CIP PROJECTS, AND APPROPRIATING $400,000 OF UNEXPENDED FUNDS

MOTION BY VICE MAYOR PRECIADO, SECOND BY COUNCILMEMBER GARCIA CARRIED 7-0, to adopt Resolution No. 2024-92.

3. Award of Contract to Draw Tap GIS, LLC for Geographic Information System Consulting and Support Services
It is recommended that the City Council take the following actions:
1) Award a three-year Professional Services Agreement (PSA) to Draw Tap G/S, LLC ("Draw Tap") for GIS consultation services. The agreement is set at a cost of $737,880 for the first year, subject to an annual increase of 5% for the subsequent years. Additionally, this agreement includes an option to extend for two further one-year terms; and
2) Authorize the City Manager to execute the agreement and any extensions or amendments thereto on behalf of the City, subject to review by the City Attorney.

MOTION BY VICE MAYOR PRECIADO, SECOND BY COUNCILMEMBER GARCIA CARRIED 7-0, to award a three-year Professional Services Agreement (PSA) to Draw Tap GIS, LLC ("Draw Tap") for GIS consultation services. The agreement is set at a cost of $737,880 for the first year, subject to an annual increase of 5% for the subsequent years. Additionally, this agreement includes an option to extend for two further one-year terms; and authorize the City Manager to execute the agreement and any extensions or amendments thereto on behalf of the City, subject to review by the City Attorney.

4. Resolution to Amend the FY 2023-24 Capital Improvement Program (CIP) Budget by Changing the Name and Description of "District 4 Park Security Upgrades," to "District 4 Jaycee Park Snack Bar and Security Upgrades," and Appropriating $80,000 of American Rescue Plan (ARP) District 4 Funding to the Project RESOLUTION NO. 2024-94 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, AMENDING THE FY 2023-24 CAPITAL

IMPROVEMENT PROGRAM (CIP) BUDGET BY CHANGING THE NAME AND DESCRIPTION OF "DISTRICT 4 PARK SECURITY UPGRADES," PROJECT NO. 428-2590-XXXXX-71091 TO "DISTRICT 4 JAYCEE PARK SNACK BAR AND SECURITY UPGRADES," AND APPROPRIATING $80,000 OF CORONAVIRUS

STATE AND LOCAL FISCAL RECOVERY AMERICAN RESCUE PLAN (ARP) DISTRICT 4 FUNDING TO THE PROJECT
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MOTION BY VICE MAYOR PRECIADO, SECOND BY COUNCILMEMBER GARCIA CARRIED 7-0, to adopt Resolution No. 2024-94.

5. Resolution to Amend the FY 2023-24 Capital Improvement Program (CIP) Budget by Creating a New Project, "New Flooring at Garfield Park Community Center," and Appropriating $40,000 of American Rescue Plan (ARP) District 4 Funding to the Project
It is recommended that the City Council adopt the following resolution:

RESOLUTION NO. 2024-95 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, AMENDING THE FY 2023-24 CAPITAL

IMPROVEMENT PROGRAM (CIP) BUDGET BY CREATING A NEW PROJECT, "NEW FLOORING AT GARFIELD PARK COMMUNITY CENTER," PROJECT NO. 428-2590-XXXXX-71103 AND APPROPRIATING $40,000 OF CORONAVIRUS

STATE AND LOCAL FISCAL RECOVERY AMERICAN RESCUE PLAN (ARP) DISTRICT 4 FUNDING TO THE PROJECT

MOTION BY VICE MAYOR PRECIADO, SECOND BY COUNCILMEMBER GARCIA CARRIED 7-0, to adopt Resolution No. 2024-95.

6. Resolution to Amend the FY 2023-24 Capital Improvement Program (CIP) Budget by Changing the Project Description of "Library Facility Remodel" It is recommended that the City Council adopt the following resolution:

RESOLUTION NO. 2024-97 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, AMENDING THE FY 2023-24 CAPITAL

IMPROVEMENT PROGRAM (CIP) BUDGET BY CHANGING THE PROJECT DESCRIPTION OF "LIBRARY FACILITY REMODEL," PROJECT NO.
428-2590-XXXXX-74118

MOTION BY VICE MAYOR PRECIADO, SECOND BY COUNGILMEMBER GARCIA CARRIED 7-0, to adopt Resolution No. 2024-97.

7. Ratify Emergency Purchase for Repairs Necessitated by the February 2024 Storm Events; and, Approve Payment to United Storm Water Inc.

It is recommended that the City Council take the following actions:
1) Ratify the expenses for an emergency purchase as per Pomona Code (P.C.C.) Section 2-998 for the repairs and services performed by United Storm Water Inc., (United Storm Water); and,
2) Approve the payment to United Storm Water in the amount $120,000.

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MOTION BY VICE MAYOR PRECIADO, SECOND BY COUNCILMEMBER GARCIA CARRIED 7-0, to ratify the expenses for an emergency purchase as per Pomona Code (P.C.C.) Section 2-998 for the repairs and services performed by United Storm Water Inc., (United Storm Water); and, approve the payment to United Storm Water in the amount $120,000.

8. Approval of On-Call Building and Safety Plan Check Consulting Services and Master Agreements
It is recommended that the City Council authorize the City Manager, or designee, to execute various three-year agreements with two one-year options on behalf of the City, in substantially the form submitted, subject to review and approval by the City Attorney.

MOTION BY VICE MAYOR PRECIADO, SECOND BY COUNCILMEMBER GARCIA CARRIED 7-0, to authorize the City Manager, or designee, to execute various three-year agreements with two one-year options on behalf of the City, in substantially the form submitted, subject to review and approval by the City Attorney.

9. Resolution to Amend the FY 2023-24 Operating and Capital Improvement Program (CIP) Budget by Creating a New Project, "City Hall Flooring Replacement (Information Technology Department)," Project No. 428-2590-XXXXX-74116 and Appropriating $60,000 of Information Technology Fund Savings to the Project It is recommended that the City Council adopt the following resolution:

RESOLUTION NO. 2024-96 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, AMENDING THE FY 2023-24 OPERATING

AND CAPITAL IMPROVEMENT PROGRAM (CIP) BUDGET BY CREATING A NEW PROJECT, "CITY HALL FLOORING REPLACEMENT (INFORMATION TECHNOLOGY DEPARTMENT)," PROJECT NO. 428-2590-XXXXX-74116 AND APPROPRIATING $60,000 OF INFORMATION TECHNOLOGY FUND SAVINGS

FROM CONTROLLABLE CONTRACTS TO THE PROJECT

10. Approval of Purchasing Office Supplies from Staples, Inc. Under a Cooperative Agreement through Sourcewell
It is recommended that the City Council approve the purchasing of office supplies through Staples, Inc. utilizing a cooperative agreement awarded by Sourcewell for a three year period beginning July 1, 2024 through June 30, 2027.

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MOTION BY VICE MAYOR PRECIADO, SECOND BY COUNCILMEMBER GARCIA CARRIED 7-0, to approve the purchasing of office supplies through Staples, Inc. utilizing a cooperative agreement awarded by Sourcewell for a three year period beginning July 1, 2024 through June 30, 2027.

11. Establishing the Order of Appointment of the Vice-Mayor and Selecting and Designating District 3 Councilmember, Nora Garcia, as Vice-Mayor It is recommended that the City Council adopt the following resolution:

RESOLUTION NO. 2024-91 - A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF POMONA, CALIFORNIA, ESTABLISHING THE ORDER OF

APPOINTMENT OF VICE-MAYOR AND SELECTING AND DESIGNATING DISTRICT 3 COUNCILMEMBER, NORA GARCIA, AS VICE-MAYOR

MOTION BY VICE MAYOR PRECIADO, SECOND BY COUNCILMEMBER GARCIA CARRIED 7-0, to adopt Resolution No. 2024-91.

12. Consideration of a Project Labor Agreement by and Between the City of Pomona and the Los Angeles/Orange Counties Building and Construction Trades Council and the Signatory Craft Councils and Unions
It is recommended that the City Council further consider a draft Project Labor Agreement with the Los Angeles/Orange Counties Building and Construction Trades Council as well as an implementation strategy.
*No motion was made; this item was continued to a future meeting.

13. Accept Elderly Nutrition Program Grant Funds from Los Angeles County for Senior Meal Services in the Amount of $408,200 and Amend the FY 2024-25 Operating Budget Senior Nutrition Grant Fund by Increasing Appropriations in the Amount of $34,200
It is recommended that the City Council take the following actions:
1) Adopt the following resolution:

RESOLUTION NO. 2024-98 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, TO ACCEPT $408,200 IN GRANT

FUNDS FROM THE LOS ANGELES COUNTY ELDERLY NUTRITION

PROGRAM (ENP) GRANT FOR THE SENIOR NUTRITION PROGRAM AND AMEND THE FY 2024-25 OPERATING BUDGET SENIOR NUTRITION GRANT

BY INCREASING REVENUE ESTIMATES AND APPROPRIATIONS IN THE AMOUNT OF $34,200
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2) Authorize the City Manager to execute the agreement and any subsequent amendments, subject to review by the City Attorney.

MOTION BY VICE MAYOR PRECIADO, SECOND BY COUNCILMEMBER GARCIA CARRIED 7-0, to adopt Resolution No. 2024-98; and authorize the City Manager to execute the agreement and any subsequent amendments, subject to review by the City Attorney.

Appeal of Planning Commission Decision for Proposed Outdoor Storage Yard at 1313 East Phillips Boulevard. (continued from June 3, 2024 Consent Calendar) It is recommended that the City Council schedule the appeal for a public hearing for the regularly scheduled City Council meeting of July 1, 2024. *Please see attachment for a letter submitted regarding this item.

The following Public Speakers spoke in opposition to the scheduling of a public hearing for the appeal.

Chao Nguyen
Luis Gonzalez
Damiana Aldana
Kathryn Martens and Don Martens submitted speaker cards opposing the item but did not wish to speak.

Benji Miller
Sharon Alvey
Hector Lopez
Nef Cortez
Councilmember Ontiveros-Cole expressed support for the public hearing of the appeal to come before the City Council.

City Manager Gutierrez reminded the City Council that if the public hearing of the appeal is approved, it would be scheduled for the July 15, 2024 City Council meeting.

Councilmember Lustro also supported the public hearing of the appeal to come before the City Council.

MOTION BY COUNCILMEMBER NOLTE, SECOND BY COUNCILMEMBER
ONTIVEROS-COLE CARRIED 6-1 (COUNCILMEMBER GARCIA OPPOSED), to schedule the appeal for a public hearing for the regularly scheduled City Council meeting of July 15, 2024.

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)
Appeal of Planning Commission Decision for Proposed Outdoor Storage Yard at 2000 Pomona Boulevard. (continued from June 3, 2024 Consent Calendar) It is recommended that the City Council schedule the appeal for a public hearing for the regularly scheduled City Council meeting of July 1, 2024. *Please see attachment for a letter submitted regarding this item.

The following Public Speakers spoke in opposition to the scheduling of a public hearing for the appeal.

Chao Nguyen
Luis Gonzalez
Damiana Aldana
Kathryn Martens and Don Martens submitted a speaker card opposing the item but did not wish to speak.

The following Public Speakers spoke in support of the scheduling of a public hearing for the appeal.

Brian Wong
Nef Cortez

MOTION BY COUNCILMEMBER ONTIVEROS-COLE, SECOND BY COUNCILMEMBER NOLTE CARRIED 6-1 (COUNCILMEMBER GARCIA OPPOSED), to schedule the appeal for a public hearing for the regularly scheduled City Council meeting of July 15, 2024.

DISCUSSION CALENDAR

16. Finding of Public Benefit to the Community at Large-Recommended Expenditure(s) and Recap of Expended Funds
It is recommended that the City Council take the following actions:
1) Approve the expenditure(s) recommended and make the finding that the community at large will receive a public benefit from the expenditure of funds for the recommended items); and
A) Amount to be determined to Fox Theater Pomona & Tradición Dance Company in support of 2nd Annual DanzArte Dance Competition: Requested Amount: $3,000
2) Receive and file the recap of final amounts.

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MOTION BY MAYOR SANDOVAL, SECOND BY COUNCILMEMBER PRECIADO, CARRIED 7-0, to make a finding of public benefit for item A.

17. Appeal of Staff Decision to Deny the Establishment of a Preferential Parking District on Mountain Avenue
It is recommended that the City Council discuss the appeal of the Staff decision to deny the establishment of preferential parking district on Mountain Avenue from Kingsley Avenue to the south alleyway. After discussion, the City Council can take one of two actions:
1) Option 1: Uphold Staff's decision to deny the request; OR
2) Option 2: Approve the establishment of a preferential parking district on Mountain Avenue from Kingsley Avenue to the south alleyway.

Public Works Director Rene Guerrero gave a brief staff presentation.

Councilmember Ontiveros-Cole discussed preferential parking in a similar area not too far from the area considered in this item and asked various questions to staff. Public Works Director Guerrero answered Councilmember Ontiveros-Cole's questions.

Councilmember Torres discussed this neighborhood's various quality of life issues and expressed support for the creation of the preferential parking district as a way to mitigate some of those issues.

Councilmember Lustro asked questions to staff about the study done to determine staff's conclusion. Public Works Rene Guerrero answered Councilmember Lustro's questions.

Councilmember Garcia commented on the challenges that come with increased housing and no parking minimums. Councilmember Garcia expressed support for the creation of a preferential parking district.

Mayor Sandoval expressed support for staff's decision to deny the request for a preferential parking district.

Councilmember Nolte asked questions to staff and discussed possible negative outcomes from establishing a preferential parking district there but stated he did not have an alternate solution.

Councilmember Ontiveros-Cole asked further questions to staff and Public Works Director Guerrero answered her questions.

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Vice-Mayor Preciado commented on the long-term negative outcomes of establishing a preferential parking district and expressed support for changes in infrastructure that promote walkability and transit use.

Mayor Sandoval also discussed the negative outcomes of establishing a preferential parking district and expressed support for staff's decision to deny the request for a preferential parking district.

MOTION BY COUNCILMEMBER ONTIVEROS-COLE, SECOND BY COUNCILMEMBER GARCIA, CARRIED 5-2 (VICE MAYOR PRECIADO AND MAYOR SANDOVAL OPPOSED), to approve the establishment of a preferential parking district on Mountain Ave from Kingsley Avenue to the south alleyway.

PUBLIC HEARING

18. Introduction and First Reading of a Comprehensive Update to the Pomona Zoning and Subdivision Ordinances
It is recommended that the City Council introduce, waive further, and give first reading to the following ordinance:

ORDINANCE NO. 4345 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY

OF POMONA, CALIFORNIA, APPROVING A COMPREHENSIVE UPDATE TO THE POMONA ZONING AND SUBDIVISION ORDINANCES ("ZONING CODE UPDATE")
*Please see attachment for emails and letters submitted regarding this item.

Development Services Department Deputy Director Ata Kahn and Associate Planner Alina Barron gave the staff presentation.

Mayor Sandoval opened the public hearing.

The following speakers spoke in support of the item:

Maria Elena Gonzalez Adam Donner
Mike Sutton Karen Gonzalez
Don Martens Valeria Gonzalez
Xavier Gonzalez Dinora Samayoa
Luis Gonzalez Mark Reynolds
Rene Jimenez Davidson Drake
Damiana Aldana Paul Deibel
Mary Jean Neault Chau Nguyen
Greg Devereaux David Drake
) Wei-Tsu Loh Yesenia Miranda-Meza
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The following people submitted speak cards in support of the item but did not wish to speak:

Marina Torres Alexander Ross Josefina Chavez
Jasmine Machado Rodolfo Ross Lucia Salas
Sandra Machado German Samayoa Estela Vaquez
Kathleen Newt Zahara Flores Angelica Sanchez
Marcie Mercado Maria Diaz Kathryn Martens
Jeremy Mercado Lupe Chavez Bridgette Ramirez
Abner Saenz Grisel G Chavez
Santiago Ortiz Arturo Chavez
Claudia Arana Jaynie Duran
Elia Samayoa Lucero Chavez
The following speakers spoke in opposition to the item.

Pedro Vazquez Jose Garcia Manny Salcido
Jayson Baiz Hector Lopez Ivan Vega
Paige Gosney Eddie Campos Rick Albertini
Deishawn McClellon Rafael Legido Ara Karamian
Charlene Smith Jose Cornejo Dan Renfro
Mike Madrid Christian Cochrun
George Bocanegra Dawn Van Allen
Juan Luna Mihran Toumajan
Cindy Chavez Andrew Fogg
Jose R. Medina Steve Masura
The following people submitted speaker cards in opposition to the item but did not wish to speak:

Eduardo Casillas
David Mayfield Jr.

Daniel Pantaleon
Irvin Santos
Mike Masura
Mayor Sandoval closed the public hearing.

DSD Deputy Director Kahn and Associate Planner Barron gave comments to respond to various concerns raised during the public hearing.

Vice Mayor Preciado commented on the challenges projects have experienced due to the outdated zoning code and asked questions to staff regarding the proposed limits in industrial zones. DSD Deputy Director Kahn answered his questions.

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Councilmember Lustro commented he had questions but that DSD Deputy Director Kahn had answered them during his response to the public hearing comments. Councilmember Lustro highlighted aspects of the proposed zoning code he appreciated, and expressed interest in seeing what future conversations would take place between staff and businesses.

Councilmember Torres asked for the quantifiable data of the community outreach meetings and the Planning Commission meetings. Councilmember Torres also gave comments about the importance of making Pomona business friendly.

Councilmember Nolte commented on the aspects of the proposed zoning code that he appreciated and asked questions to staff. DSD Deputy Director Kahn answered Councilmember Nolte's questions.

Councilmember Ontiveros-Cole asked questions to staff regarding various aspects of the proposed zoning code and commented on the public outreach methods done by staff for this item. DSD Deputy Director Kahn answered Councilmember Ontiveros-Cole's questions.

Councilmember Garcia commented on the State's housing standards and on the caveats of Conditional Use Permits. Councilmember Garcia expressed support for the proposed zoning code.

Councilmember Lustro asked additional questions to staff. DSD Deputy Director Kahn answered Councilmember Lustro's questions.

Mayor Sandoval commended everyone for participating in and collaborating on the process for developing the proposed zoning code. Mayor Sandoval gave comments to respond to various concerns raised during the public hearing and gave closing remarks.

MOTION BY MAYOR SANDOVAL, SECOND BY COUNCILMEMBER GARCIA, CARRIED 5-2 (COUNCILMEMBER ONTIVEROS-COLE AND COUNCILMEMBER TORRES OPPOSED), to introduce, waive further and give first reading to Ordinance No. 4345.

Mayor Sandoval called a recess at 10:24 p.m.

Mayor Sandoval resumed the meeting at 10:37 p.m. Items were then heard in the following order: Public Participation, Consent Calendar items, Discussion Calendar items.

ADJOURNMENT
The City Council meeting adjourned at 11:44 p.m. on June 17, 2024.

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Respectfully submitted, ATTEST:

KODY
ROSALIA A. BUTLER, MMC - TIM SANDOVAL
City Clerk/Secretary of the Pomona Mayor/Chair of the Pomona Housing Authority/Successor Agency to the Housing Authority/Successor Agency to the Redevelopment Agency Redevelopment Agency
City of Pomona Page 14
EAN&
GREEN
POMONA
June 13, 2024
Dear Honorable Mayor Sandoval and Members of Pomona City Council:

I am writing on behalf of our organization, Clean & Green Pomona, to oppose the hearing of appeal of the Planning Commission decision for proposed outdoor storage yard at 1313 East Phillips Bivd (Item #14 on the June 17 City Council Meeting agenda). We had not planned to detail our opposition to this action, thinking that the record of the public hearing, our testimony in this case, and the thoughtful deliberation of the planning commission would speak for themselves. But given the inadequate information shared with the council for this agenda item, consisting only of action minutes of the Commissions' decision, and disinformation shared by the applicant's attorney who was not even present at the hearing, Clean & Green Pomona must speak to set the record straight and provide essential information for you to consider this action.

First, we wish to remind the council that the hearing of appeals in these cases is not automatic under California law or Pomona law. As the staff report for this item clarifies, the first step in this process is considering whether or not the planning commission's ruling should be reconsidered, such as if the decision was made arbitrarily and without evidence, as the applicant claims. The focus at this step must be the basis of the planning commission's ruling. Given that, we fail to see how the council can make such a decision, as action minutes do not detail the deliberation of the commission, and no reporting of the content of public testimony was shared with this council. All you have is claims made by the applicant, who chose to ignore substantial discussion and evidence presented by the public as well as evidence highlighted by the commission. While the staff report clarifies that the findings of the Commission were incorporated into the denial resolution, this accounting lacks sufficient detail to challenge the false claims outlined by the applicant in their appeal.

As shown in the planning commission's draft resolution, several findings were made about the adverse impacts of the project and its adversity to the general plan. This letter summarizes the evidence weighed by the Commission in their decision.

Evidence of proposal not contributing to general well-being of neighborhood and detriment to health, safety, peace or general welfare of persons residing or working in the vicinity (findings 1 & 2) In the applicant's appeal letter, they claim that no evidence of deleterious impacts on the community were offered or considered in the decision. One of the major concerns repeatedly cited by the commission was the speculative nature of the permit, which was intended to provide wide latitude about what storage and what activities could occur on the site. In the resolution being considered by the Commission, staff prepared a list of allowed uses, but several commissioners raised concerns about specific items. Neither the staff nor the applicant could provide responses to alleviate health and safety concerns. Specific discussions included:
101 W. Mission Blvd., Ste. 110-341
Pomona CA 91766
[email protected]
www.cleangreenpomona.org
In their appeal of the ruling, the applicant offers their narrative of the compatibility of their project with the general plan, but fails to mention the evidence presented by the commission and Clean & Green Pomona. They include new testimony about the proposed use generating 60 jobs, information not shared with Commission during their deliberation, suggesting that information was ignored by the Commission in making their findings. This is simply inaccurate and represents an effort by the applicant to re-litigate their position and mislead the council about what happened during the proceedings. As reasonable people, the Planning Commissioners based their findings on their understanding of the General Plan and information presented to them. Competing interpretations of the same information do not invalidate these findings, particularly when they rely on new information not presented for consideration by the Commission.

The Council should uphold the Planning Commission's decision In their appeal, the applicant cites legal precedent, noting that the basis of a Planning Commission decision must be substantial evidence, which "include[s] facts, reasonable assumptions predicated upon facts, and expert opinion supported by facts, but not argument, speculation, unsubstantiated opinion, or clearly erroneous evidence." (San Franciscans Upholding the Downtown Plan v. City and County of San Francisco (2002) 102 Cal. App. 4th 666, 675. )...If based on the evidence before the agency, a reasonable person could not reach the conclusion the agency reached, the decision should be reversed." We do not take issue with this interpretation of California law, but note that information shared by City staff during deliberation is a form of expert opinion, just as it is when it is included in an initial City staff report. When City staff respond to inquiries made by commissioners with statements such as "That is not specifically prohibited" or "that impact is not known" due to the speculative nature of the request, that represents expert opinion supported by facts - and reveals information beyond that included in the initial staff report, which must be weighed by Commissioners, even if it runs counter to the initial staff recommendation.

The record, when fully considered, clearly demonstrates that Planning Commissioners were making reasonable assumptions predicated upon facts, as well as drawing upon expert opinion and other forms of direct evidence when rendering their decision. This should be the basis of your consideration of this item, and whether or not to grant an appeal hearing. Appeal hearings should not merely represent "A second bite at the apple" for an applicant who failed to make a persuasive case the first time around, or be granted due to personal lobbying efforts of the applicant or unsubstantiated fears for potential litigation.

Planning Commissions represent the interests of the community, and should be respected for their decisions, to the extent of which they make such decisions consistent with applicable laws. The record demonstrates that was the case in this circumstance, and we urge you to uphold their ruling and deny the request for an appeal hearing.

Sincerely on behalf of Clean& Green Pomona,
Suia Q. Englahe
Lisa Engdahl
President, Clean & Green Pomona
3 CLEANCE'
REEN
POMONA
June 13, 2024
Dear Honorable Mayor Sandoval and Members of Pomona City Council:

I am writing on behalf of our organization, Clean & Green Pomona, to oppose the hearing of appeal of the Planning Commission decision for proposed outdoor storage yard at 2000 Pomona Blvd (Item #15 on the June 17 City Council Meeting agenda). We had not planned to detail our opposition to this action, thinking that the record of the public hearing, our testimony in this case, and the thoughtful deliberation of the planning commission would speak for themselves. But given the inadequate information shared with the council for this agenda item, consisting of only action items minutes of the Commission's work, and selective testimony from the applicant, Clean & Green Pomona must speak to set the record straight and provide essential information for you to consider this action.

First, we wish to remind the council that the hearing of appeals in these cases is not automatic under California law or Pomona law. As the staff report for this item clarifies, the first step in this process is considering whether or not the planning commission's ruling should be reconsidered, such as if the decision was made arbitrarily and without evidence, as the applicant claims. The focus at this step must be the basis of the planning commission's ruling. Given that, we fail to see how the council can make such a decision, as action minutes do not detail the deliberation of the commission, and no reporting of the content of public testimony was shared with this council. The applicant's appeal appears to include limited transcript of findings offered by Commissioners, but it must be recognized that these transcripts are not provided by city staff and cannot be verified as being accurate or complete.

Evidence of proposal not contributing to general well-being of neighborhood and detriment to health, safety, peace or general welfare of persons residing or working in the vicinity (findings 1 & 2) One of the major concerns repeatedly cited by the commission was the speculative nature of the permit, which was intended to provide wide latitude about what storage and what activities could occur on the site. This ambiguity was confounded by the applicants initial site plan, which only showed spaces for parking hundreds of truck trailers, and providing no spaces identified for other forms of outdoor storage, or fire lane access to these spaces. This was particularly perplexing to the Commission and the public because the conditions prohibited the storage of trailers, except as an accessory use to the building. After being continued so City staff could work with the applicant to narrow the scope of possible options, a revised list of speculative storage activities, and an additional site plan was included to show a scenario for storage of items other than trailers. However, Planning Commissioners still expressed concern about impacts. Specific discussions included:
101 W. Mission Blvd., Ste. 110-341
Pomona CA 91766
[email protected]
www.cleangreenpomona.org
In their 15-page appeal, the applicant re-litigates their case, citing City Council priorities, which are not the basis of findings for conditional use permits in the City of Pomona. They also characterize the denial findings as "generic in nature, unsubstantiated and lacking," while sharing 5 paragraphs and charts of data about proximity of truck traffic to sensitive receptors, its impacts and future projections (models, not empirical evidence) about emissions levels not presented in their initial application or testimony. Yet this same evidence provided by the applicant is itself "generic in nature" as it does not address the specifics of this proposal. Appeal hearings should not merely represent "A second bite at the apple" for an applicant who failed to make a persuasive case the first time around, or be granted due to personal lobbying efforts of the applicant or unsubstantiated fears for potential litigation.

Sincerely on behalf of Clean & Green Pomona,
Lisa Engdahl
President, Clean & Green Pomona

COMIMERCIAI
1374E. Ninth Streel • Pomona, California 91766 • Phone: (909) 622-6400 • Fax: (909) 622-1463

DOOR COMPANY
INCORPORATED Jun 3, 2024
Stale License # 272762
To: Pomona City Council
Good evening.

My name is Dave Holmes and I am the President of Commercial Door Company. I have been a Pomona businessman for more than 25 years. 1 am a board member of Clean&Green Pomona. As a businessman, I support Clcan&Green Pomona's common-sense agenda for the zoning code update.

During my years in Pomona, the city has improved. To continue in a positive direction, Pomona needs to put a zoning code in place that is aligned with its General Plan.

First of all, the size of new industrial buildings should be limited to 150 feet x 1S0 feet (22,500 square feet). I own several businesses in Pomona and other cities. It has been my experience (in selling buildings) that there is more demand for buildings of this size and smaller, They are more adaptable for various business needs than larger buildings. 22,500 square feet is actually quite a large building.

Secondly, I support revoking a "use right" in 6-months after a banned facility goes out of business, if no one buys or rents the property. Until recently, my business was located next to one of the worst recycling facilities in Pomona.

The dust from that facility was so bad that my employees were unable to cat their lunch outside, There were frequent fires, which threatened my business. 1 have had two dogs, who spent time at our property, develop large tumors and die early. We were infested with rats from that recycler, and the rats even chewed the wires on our business trucks. This recycling facility had a conditional use permit (CUP), I emailed the city and former council members about violations of that CUP daily for nearly two years, and the site was never cleaned up, nor did it have its CUP revoked. Finally, after the Waste/Recycling/Pallet ban was put in place with this provision, due to the efforts of Clean&Green and ICON, the company stopped operating and had its CUP revoked. It was replaced by a much better business. Now the rats are gone, my employees can cat lunch outside, and we no longer are endangered by fires. The 6-month "use right" revocation is a good policy.

Thirdly, Pomona should ban new polluting facilities, which don't fit with the vision of the General Plan, These include-Trucking facilities, Waste/Recycling/Pallet (already banned), Auto Repair, Drive Throughs, Car Washes, Gas Stations, Outdoor Storage (except accessory storage), Fulfillment Facilities (except micro-fulfillment). Our roads in the M-zone are already too congested and poorly maintained to add more of these uses. Our city needs to move towards more manufacturing businesses, light industrial and commercial uses, which reflect the General Plan.

Without adequate enforcement, which is a problem in Pomona, uses like Outdoor Storago can easily become a nuisance. Personally, I was a leader in Clean& Green's effort to make sure auto repair businesses had their required water permits and were responsible neighbors. Working with the LA County Regional Water Quality Control Board and Cal EPA in that effort, several illegal operations were uncovered in Pomona and shut down, and many unpermitted businesses were cited for lacking the proper permits and neglecting to protect public health.

Finally, there is nothing more important than the health and well-being of the people who live and work in Pomona.

I hope you will make that essontial value a priority in how you make your zoning decisions.

Sincerely,
arolosseme
vid O. Holm
Commercial Door Company, Inc.

DESIGN • INSTALLATION • MANUFACTURING • SERVICE • REPAIR Since 1949 CLEAN&
REEN
POMONA
June 16, 2024
Dear Honorable Mayor and Pomona City Council Members:

My name is Lisa Engdahl. I am a Pomona resident of 25 years, who lives in District 2. I am the Co- Founder and President of Clean&Green Pomona.

For the past 2 ½ years, Clean&Green Pomona has been significantly engaged in the zoning code update process. We have hosted seminars for community members to understand zoning (both in English and Spanish). We have attended numerous community engagement meetings sponsored by city staff. We formed our agenda through extensive personal experience, research, learning from city staff, and our experiences working for environmental justice in Pomona since 2011. We have met with city staff for many hours to understand the code, and to discuss our agenda, formed out of our engagement process. We have spoken at more than a dozen planning commission meetings, listening to staff and businesses as they shared their concerns. We have collected approximately 150 letters of support from the Pomona community, in both Spanish and English, where people signed onto our agenda, or submitted unique letters of support.

Why would people like us—who live, work, go to school, raise our children, or care for our parents in Pomona (or some combination of these important connections) -put such great effort into engaging something as complex as a zoning code update?
We have experienced personally (and people whom we love have experienced) the harmful impacts of pollution on our health and lives. In our families and community, people suffer from asthma at a very high rate. My own husband just increased his asthma medication to a higher dosage. An elementary school teacher in our organization lost two beloved students to childhood cancers, while she worked at one elementary school in Pomona near the eastern industrial zone. (Growing up in another part of the country when I was a child, I knew no one with asthma, and knew no one who died of a childhood cancer.) Our children have missed school, and adults in our families have missed work, due to pollution- related respiratory illnesses. The noise from trucks and shaking of our homes as they pass by, for those of us living near industrial areas, is very disruptive. A businessman in Clean&Green shared that he and his employees could not eat lunch outside for many years, due to the dust from a neighboring polluting business. Issues of pollution are very personal for us.

For the past 13 years, Clean& Green has worked to improve the environmental health, quality of life, environmental justice and sustainability in Pomona through planting over 1,300 trees, offering educational workshops, participating in enforcement initiatives, and organizing for policy changes like the waste/recycling/pallet ban, removing over 20 miles of truck routes through our city, banning warehouses while adequate zoning policy was created, and removing the use of diesel buses in PUSD (formerly 66% of their school buses). This experience has shaped us. As we advocate for the enforcement of terribly polluting businesses in our industrial zones, we run into this issuebusinesses are allowed to continue in environmentally destructive practices, because Pomona's zoning code has not been updated since 1949. Polluting businesses are allowed into Pomona, which other cities don't want or allow, because our outdated zoning allows it. In addition, our city has over-relied on Conditional Use Permits (CUP's), which don't make up for bad zoning. The problem with CUPs is that all the wonderful conditions listed 1 (which should protect the public in some way, are simply meaningless because they aren't enforced adequately. Even if they are enforced, CUP violations can't be fined, they are given "notices of correction" ... Worthless, no-consequence "notices of correction." The potential consequence is that if a business is terrible, it could have its CUP revoked. But in all my time working to see bad-neighbor businesses enforced, the city has never once revoked a CUP to my knowledge. (Except after a business goes out of business anyhow).

The zoning code agenda Clean& Green Pomona supports is a set of policies, which will greatly improve the health and quality life in Pomona in the future. These policies are supported by the city staff, and were voted for unanimously by the Planning Commission.

I ask you to adopt the zoning code update as it is presented, without changes to these priorities. hese priorities are well-considered, extensively discussed, and compromises have been made wher vidence was provided that doing so would not compromise community health and well-bein Thank you for your leadership and service to Pomona.

Sincerely,
Sria R. Engelall
Lisa Engdahl
President, Clean&Green Pomona
Here is Clean&Green Pomona's Zoning Code Undate Agenda:

Clean & Green Pomona Supports Zoning that Prioritizes
the Health and Quality of Life of Pomona Residents!
• The voice of Pomona residents must be heard. Our health and quality of life must be the absolute priority!
• Ban new polluting facilities! Many types of polluting businesses are overrunning our city!
• Limit the size of new industrial buildings to 150 feet x 150 feet (22,500 square feet)! Revoke the "use right" of banned facilities, 6 months after they go out of business and become vacant!
• Complete the additional new environmental justice policy and apply it to city zoning by July, 2025!

1. Clean&Green Pomona supports the voice of Pomona residents being heard. Our health and quality of life must be the absolute priority! We are tired of polluting businesses. Our region was given an F for air pollution by the American Lung Association for falling to protect the health of people of all ages. Outside organizations, who pressure our city to build more large warehouses, don't have Pomona residents' 2 best interest in mind. The South Coast AQMD "found that more than 2.4 million people live within half a mile of at least one large warehouse, that those areas have higher rates of asthma, heart attacks and poverty and are disproportionately Black and Latino." (os Angeles done, boothe Cahom Warchouse Boom a Huge Source of Polluton.

Regulaiors delughting Back, Mys, 20021) Zoning decisions are environmental justice decisions. Pomona has hazardous air pollution (according to CalEnviroScreen), heavy truck traffic, and industrial fires. We need new zoning standards which put residents first. We need local businesses that bring good stable jobs to Pomona residents and are good neighbors. Large warehouses and trucking hubs, owned by largely absentee landlords, bring pollution, damage our health, and increasingly operate with automated robots, providing few jobs.

2. Clean&Green Pomona supports banning new polluting facilities, which don't fit with our future vision in our City's General Plan. (Banning means that current businesses can continue to operate, but no new ones of that type of facility can start). We agree with the well-supported proposal from the city staff, to ban additional new: Trucking Facilities, Waste/Recycling/Pallet Facilitles (already banned), Auto Repair, Drive Throughs, Car Washes, Gas Stations, Outdoor Storage (except very limited accessory storage connected to a business), Fulfillment facilities (except micro fulfillment).

Fulfillment is the aspect of the warehouses/logistics/goods movement with the heaviest truck traffic. Our future is brighter if we design our city for cleaner and more varied types of businesses. Restricting new polluting businesses benefits current mom-and- pop business owners who are Invested In Pomona. Zoning should reflect the priorities of the General Plan, which plans for light industrial in our industrial workplace zone.

3. Clean&Green Pomona supports limiting the size of new industrial buildings to 150 feet by 150 feet (22,500 square feet). That's large enough. Smaller buildings support local businesses, are more adaptable for future changing business needs, and utllize fewer large diesel trucks. Diesel emisslons cause respiratory disease and cancer. 80% of Pomona's industral building are 20,000 square feet or smaller. Allowing new bulldings larger than this, opens the door in the future for the heavy pollution that comes with warehouses/logistics/goods movement.

4. Clean&Green Pomona supports revoking a "use right" in 6 months, after a banned facility goes out of business, if no one buys or rents the property in that time. This avoids vacant buildings, and replaces polluting facilities with better businesses. For example, several terrible recycling facilities had their "use right" revoked 6 months after they went out of business, due to our Waste and Recycling Ordinance. They have been replaced by good businesses, such as manufacturing businesses, with more jobs.

From the desk of
Joe and Coco George
June 1, 2024
Joe and Coco George
433 E. Pasadena St.

Pomona, CA 91767
Dear City Council,
Thank you for all the hard work you do on behalf of our community. The City Council plays a very important role in preserving the character of our city as well as helping it grow positively. As Pomona homeowners for almost 30 years, we have benefitted from your service and we are grateful.

We support Clean and Green's agenda for the zoning code update. Pomona can be pro- business while also prioritizing the voices of residents who want to live in a city that is clean, peaceful, and environmentally conscious. We support Clean and Green's recommended ban on new polluting facilities including fulfillment facilities. We support the call to limit the size of new industrial buildings to 150 X 150 feet. Finally, we support Clean and Green's recommendation to revoke a "use right" in 6 months, after a banned facility goes out of business.

These zoning issues are admittedly complex, but we have confidence that the city council is capable of navigating these challenges to chart a course for a cleaner, healthier future Pomona. We urge the adoption of these important priorities in the zoning code update.

Sincerely,
Joe and Coco George
May 31*, 2024
Dear City Council,
My name is Jeff Johannsen, and I have been a Pomona resident for 19 years. During this time, I have seen many positive Improvements within the city, and am eager to see things continue to move forward in a positive direction.

I am pro-business, but as a long-time resident of this city, not to the exclusion of the health and well-being of those who reside here, I have no Issue with industrial jobs In flelds such as manufacturing, that pay a decent wage, are good neighbors to those around them, and provide residents accessible employment without having to travel long distances.

Where I have concerns is with the scale and scope of future development. If we look to some of our neighboring cities to the east, we can see the effects of large-scale warehousing. Pomona is already disproportionately environmentally Impacted, and large scale warehousing will exasperate this problem.

Many of our roads are already In disrepair, with no timely plan to upgrade them. As the future of industry trends towards automation and robotics, how many jobs will large scale warehousing actually provide?
I urge the City Council to consider limiting the size of new industrial buildings within the city. I want to see thriving, prosperous businesses within the city, providing jobs and contributing to the local economy. But please consider the scope and scale of what is permitted, and whether the consequences outweigh the benefits.

Sincerely,
Jeff Johannsen
May 31, 2024
Dear Pomona City Council,
My name is Judith (Jude) Tlersma Watson. I am a fairly recent Pomona resident - my husband and I moved here from central Los Angeles five years ago. We are so grateful to be here, in a city with a sense of history and significant civic engagement. The potential for a positive quality of life is high here, with more space to breathe than where we used to live, and wonderful people to share life with However, we need policies that move us continually toward a higher quality of life. Toward that end, I strongly encourage you to adopt Clean& Green Pomona's agenda for the zoning code update. The unanimous vote of the planning commission was encouraging, let's keep moving toward a greener and cleaner Pomona for ALL residents.
1) Pomona residents come first, always. This is our city, it does not belong to outside industry lobbyists and lawyers who represent warehousing/logistics Interests. As you know, our region was given an F for air pollution by the American Lung Association, We are subject to heavy truck traffic and frequent industrial fires. I am grateful that the 1949 zoning code is being updated!! This new zoning code must prioritize our health and quality of life. Large warehouses and trucking hubs, owned largely by absentee landlords, bring pollution and damage our health.

They do not put Pomona residents first.
2) Ban new polluting facilities, which don't fit with our future vision in our City's General Plan. (Banning means that current businesses can continue to operate, but no new ones of that type of facility can start). We agree with the well-supported proposal from the city staff to ban additional new: Trucking Facilities, Waste/Recycling/Pallet Facilities, Auto Repair, Drive Throughs, Car Washes, Gas Stations, Outdoor Storage (except very limited accessory storage connected to businesses), Fulfillment facilities (except micro-fulfillment). Fulfillment is the aspect of the warehouses/logistics/goods movement with the heaviest truck traffic. Our future is brighter if we design our city for cleaner and more varied types of businesses, again, for the good of all Pomona residents.
3) Limit the size of new Industrial buildings to 150 feet by 150 feet (22,500 square feet).

Smaller bulldings support local businesses, are more adaptable for future changing business needs, and utilize fewer large diesel trucks. Diesel emissions cause respiratory disease and cancer. 80% of Pomona's industrial building are 20,000 square feet or smaller. Allowing new buildings larger than this, opens the door in the future for the heavy pollution that comes with warehouses/logistics/goods movement.
4) Revoke a "use right" in 6 months, after a banned facility goes out of business, if no one buys or rents the property In that time. This avolds vacant bulldings, and replaces polluting facilities with better businesses. For example, several terrible recycling facilities had their "use right" revoked 6 months after they went out of business, due to our Waste and Recycling Ordinance with this provision. They have been replaced by good businesses, such as manufacturing businesses with more jobs.

For the good of all Pomona residents, I urge you to adopt these urgent priorities in the zoning code update.

Sincerely, Dr. Jude Tlersma Watson
1523 N Park Ave. Pomona
June 2, 2024
Dear Esteemed Mayor and City Council Members,
My name Is Bree Devones Hsieh. I've lived in Pomona for more than twenty years. I believe it Is Important for all zoning code standards to allow the best of business and mitigate the worst of It. They should be keyed to the whole city's quality of life for residents of our bustling city.

Clean and Green does thorough research on ther agenda. Their recommendations look out for the future good of Pomona, and their agenda does not cut off economic growth for our city.

Outside industry lobbyists come to our city with thelr outside influence to make zoning code and policy changes for their company's and outside share-holder's interests. Their lobbyists are making a high salary to accomplish looser standards, leading to environmental loss for Pomona, and potentially even losing other business opportunities. They have no personal interest or role-bound responsibility to consider the best course for Pomona as a clty into the future.

But you do.

So, L urge you to adopt Clean&Green Pomona's agenda for the zoning code update:
1) Prioritize the voice of Pomona residents, not the voices of outside industry lobbyists and lawyers (representing real estate and warehousing/logistics Interests, and others who are looking for exceptions to the City's General Plan). Some outside interests want to keep Pomona living with elements of our current zoning code, which has not been updated since 1949. They offer Conditional Use Permits as a solution, when as residents we know that CUPs are not adequately enforced in Pomona to protect our health, and even with gross violations, never are revoked. Our region was given an F for air pollution by the American Lung Assoclation. According to CalEnviroScreen, Pomona has hazardous air pollution. We are burdened with heavy truck traffic (the most pedestrian deaths in LA County), and frequent Industrial fires. The new zoning code must prioritize our health and quallty of life. Zoning decisions are environmental justice decisions. Large warehouses and trucking hubs, owned largely by absentee landlords, bring pollution, damage our health, and increasingly operate with automated robots, providing few jobs.
2) Ban new polluting facilities, which don't fit with our future vision in our City's General Plan. (Banning means that current businesses can continue to operate, but no new ones of that type of facility can start). We agree with the well-supported proposal from the city staff to ban additional new: Trucking Facilities, Waste/Recycling/Pallet Facilities (already banned), Auto Repalr, Drive Throughs, Car Washes, Gas Stations, Outdoor Storage (except very limited accessory storage connected to businesses), Fulfillment facilitles (except micro-fulfillment). Fulfillment is the aspect of the warehouses/logistics/goods movement with the heaviest truck traffic. Our future is brighter if we design our city for cleaner and more varied types of businesses. 3) Limit the size of new industrial buildings to 150 feet by 150 feet (22,500 square feet).

Smaller buildings support local businesses, are more adaptable for future changing business needs, and utilize fewer large diesel trucks. Diesel emissions cause respiratory disease and cancer. 80% of Pomona's industrial buildings are 20,000 square feet or smaller. Allowing new buildings larger than this, opens the door in the future for the heavy pollution that comes with warehouses/logistics/goods movement. 4) Revoke a "use right" in 6 months, after a banned facility goes out of business, if no one buys or rents the property in that time. This avoids vacant buildings, and replaces polluting facilities with better businesses. For example, several terrible recycling facllities had their "use right" revoked 6 months after they went out of business, due to our Waste and Recycling Ordinance with this provision. They have been replaced by good businesses, such as manufacturing businesses with more jobs. l urge you to adopt these important priorities in the zoning code update. Our Pomona city economy will continue to grow and thrive without giving up any of these important policies.

Sincerely,
Bree Devones Hsieh, Concerned Pomona Resident
June 6, 2024
Dear Pomona City Council,
My name is Bridgette Ramirez. I am a member of First Presbyterian Pomona and Clean&Green Pomona. I am also a staff member at Pitzer College, whose Robert Redford Conservancy for Southern California Sustainability has widely documented the harms of warehouses on public health and environmental justice.

The Redford Conservancy recently launched the Warehouse CITY tool to map the regional footprint of warehouses in Los Angeles, Riverside, and San Bernardino Counties. This tool measures everything from acreage and square footage to diesel particulate matter and carbon emissions.

Warehouse CITY data also demonstrates a low acre-to-jobs ratio and an over-saturation of the region in a single economic sector.

In January, over sixty organizations joined the Redford Conservancy in sending an open letter to Governor Newsom to address the public health emergency in the Inland Region due to unchecked warehouse growth.

In light of these issues regarding warehousing and the logistics industry in the Inland Empire region and in Pomona, I urge you to adopt Clean&Green Pomona's agenda for the zoning code update:
1) Prioritize the voice of Pomona residents, not the voices of outside industry lobbyists and lawyers
2) Ban new polluting facilities, which don't fit with our future vision in our City's General Plan. 3) Limit the size of new industrial buildings to 150 feet by 150 feet (22,500 square feet). 4) Revoke a "use right" in 6 months, after a banned facility goes out of business, if no one buys or rents the property in that time.

I urge you to adopt these important priorities in the zoning code update.

Sincerely,
Bridgette Ramirez
Rexford
Industrial
June 12, 2024 VIA E-MAIL
City Clerk
Attn:

City Manager
City Attorney
Development Services Department Zoning Update Staff
Re: City of Pomona Zoning Code Update - Opposition and Requested Changes Dear Honorable Mayor and City Councilmembers and to whom it may concern:

This letter is to formally submit Rexford Industrial's disagreement with the Zoning Code Update overall approach of using strict prohibitions instead of using reasonable standards and review procedures to allow the city staff and Planning Commission to evaluate land uses and potential impacts on a case by case basis. The overly restrictive approach will stifle reinvestment in the city and will have negative consequences to property values and employment growth which will reduce city general fund tax revenues (including property taxes, utility users taxes, and sales taxes), as well as reduce development, permit, and impact fee revenue to the city that would not be generated with reduced development and building improvement and expansion construction.

We, as a business and landowner resident stakeholder in the city and Pomona Chamber of Commerce member, appreciate the opportunity to provide critical input to the Zoning Code Update. We respectfully request that you submit and incorporate this letter into the formal record for comments on the Zoning Code update and consider the minor yet critical recommended changes in your deliberation. it is also hereby recommended that the approval of the first reading be continued to a subsequent meeting to allow more time for input and modification of the final language of the zoning code if the City Council cannot adequately work through to falr compromise during the June 17" hearing.

We belleve that the Zoning Code as currently proposed will penalize good actor businesses and land owners such as Rexford that create responsible, high quality developments that increase property values and attract quality businesses and stable jobs. Rexford has a track record of investing to modernize older properties to meet businesses needs and current building and fire safety standards while achieving goals for environmental sustainability with certified LEED improvements and electrical system upgrades that include solar power and electrical vehicle charging. This Zoning Code would cause us to halt our active interest to further invest in the City of Pomona.

For more Information on Rexford's successful environmental efforts, you may read our current ESG Report at this link: https://rexford-industrial.s3.us-west-2.amazonaws.com/lenkins/rexford- com/master/uploads/esg/Rexford Industrial ESG Report 2023 053024.pdf and our Green 11620 Wilshire Boulevard, 10% Floor
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Bond Report that includes some specific examples of recently completed LEED developments at this link (and see one project example below):
https://rexford-industrial.s3.amazonaws.com/ienkins/rexford- com/master/uploads/esq/2023 Rexford Industrial Green Bond. Report.pdf The Pomona General Plan includes vision, goals, and policies to address economic and fiscal wellbeing of the future of Pomona where it states: "The City will promote a strong and diversified economic base by attracting, retaining, and expanding businesses. By encouraging profitable and innovative enterprises, the City will create sustainable local jobs and generate revenue to support municipal functions." The Zoning Code will have the opposite effect and will not result in a diversified business base and business expansions with such severe limits on uses and sizes of buildings limited to 22,500 square feet. This will also result in many businesses having to move out of Pomona to find properties to expand.

Below are a few excerpts from the General Plan Implementation section that are counter to the proposed Zoning Code which is so restrictive and lacks economic analyses of the likely impacts and disincentives for investment in the city as well as creating the inability for existing businesses to expand:
8 IMPLEMENTATION - GOALS & POLICIES
7865
Remove barrlers to new investment.
7BGS Maximize property values throughout the City.
7669 Embrace 21st century workplace trends, create environments that support profitable and Innovative enterprises, and attract businesses that will lead to a more diversified economic base.

Rexford has analyzed property data for Pomona with Landvision and CoStar. The analyses show that the average industrial building in Pomona was built before 1977 (47 years old). These older buildings are in need of upgrading to current building and fire codes, and also do not meet other modern business requirements/standards such as clear heights, sufficient dock positions, and electrical capacity. The analyses indicate the average clear height for existing industrial buildings 112 Wishire Boulevard, 10l Floor
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is 18.9 feet while modern standards are 24 to 50 feet. This creates a lack of demand and will not attract modern, innovative and growing businesses to the City. The data also shows that thi average building size in industrial zoned properties Is 26,890 square feet. Therefore, mos buildings in Pomona will not be allowed to expand under the proposed Zoning Code limit of 22,500 square feet.

Rexford has in-house construction, leasing and investment staff that have analyzed the financial feasibility of 22,500sf buildings. Our analyses show that given the current construction material and labor costs (smaller buildings have higher per square foot costs typically up to 50%), permi and regulatory compliance costs, current typical lease rates/commissions and land values ir Pomona, and the smaller lot coverage you can achieve with smaller buildings, developing buildings of that size is not financially feasible (i.e. it produces a negative return on investment).

This therefore questions the intent of the restrictive zoning regulations and shows that any investment in Pomona will be challenging and very unlikely with respect to delivering new industrial stock or upgraded buildings that meet current business requirements.

It should also be noted that staff has indicated that many of the restrictions in the Workplace Edge Districts are because the General Plan allows for residential uses. However, the city's 2021 Housing Element states that all State required RHNA units can be accommodated in non- industrial/orkplace Districts - and primarily within the higher density TOD and Specific Plan residential units accommodated will exceed the required 10,558 units by 4,012 units - accommodating 14,570 units. So, it is unlikely that new residential units will be bullt in these industrial/Workplace District areas as the TOD, Downtown, and other specified mixed use areas are more desirable and appropriate locations.

Staff has stated that one of the key reasons for such extreme limits on new industrial development and building sizes is to support the walkability or multi-modal transportation goals of the General Plan. The type and size of development are not the most important aspects of walkability. Rather, the more important determinants for walkability and multi-modal transportation alternatives are to have well designed streets to Include sidewalks, bike lanes, landscaping, and lighting combined with other traffic calming measures and traffic law enforcement. New development will typically help to support such infrastructure improvements. Further, the Pomona General Plan and Housing Element Indicate that traffic calming and "complete streets" should be Incorporated throughout the city. Therefore, the city should formalize goals to do a Traffic Calming and Complete Streets Master Plan and Implementation Program.

For the many reasons stated here and echoed by many of the business and employee stakeholders throughout the update process, we believe that it would be prudent of the city to find a more reasonable middle ground in the Zoning Code approach that adequately allows for flexibility for the city to review land uses and development on a case by case basis and still allow for business growth. A common way to accomplish this with maximum flexibility to the city is through the Conditional Use Permit (CUP) which can be combined with certain other limits. This allows the city to review land uses on a case by case basis to include any conditions necessary to address impacts, and through a discretionary review process at the Planning Commission to allow for public engagement and input, analyses of cumulative Impacts, and health risk 11620 Wilshire Boulevard, 10% Floor
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Industrial
assessments. This often results in modified projects to better fit the location and allows for ongoing revlew of conditions that can be modified as needed over time.

The CUP process can also allow for a path to better achieve city goals and added benefits from new development with special conditions - for example to accommodate pedestrian orientec features and other community benefits such as increased landscaping, lighting, sidewalks, bike lanes, and other infrastructure Improvements that better fits the unique site and use Therefore, we respectfully request that the City Council consider including a CUP process with certain limitations to allow (i) industrial oriented uses and developments listed in Table 520.C only in the Production, Distribution, Fulfillment categories (i.e. not in all categories such as Waste Oriented Industrial) that are not already proposed to be "Permitted" by right in the code in the IX1, I1, 12, and 13 Zones and that are within the Workplace Districts General Plan designations, and (il) any related development proposals at sites in these zoning categories that do not strictly meet the other standards within the Zoning Code (including but not limited to Form, Frontage, and Nonconforming rules) to be considered for approval with a CUP with a maximum building size limit of 122,500 square feet. Staff has stated that there are IX1 zones in the Urban Neighborhood (UN) General Plan Districts, therefore those UN districts could be excluded from these added CUP uses that may not already be allowed. An added limitation recommended to accommodate good responsible and sustainable new development and expansions is to allow buildings over 22,500 square feet up to 122,500 square feet if they are LEED Gold certified.

If you have any questions, please feel free to contact me at [email protected].

Sincerely,
Steven Masura, Director of Entitlements
Rexford Industrial Realty, Inc.

Cc: Planning Commission
Pomona Chamber of Commerce
11620 Wilshire Boulevard, 10th Floor
Los Angeles, Callfornia 90025
310.966.1680 | F 310.966.1690
www.rexfordindustrial.com Page 4 of 7
Rexford
Industrial

EXAMPLE OF RECENTLY COMPLETED LEED GOLD BUILDING
FROM OUR GREEN BOND REPORT:
15601 S. Avalon Bivd GARDENA. CA
86,879 $27,589,284
SQUARE FEET CRET UOND ALLOCAR ON.

LEED Gold
AWARDED JUNE 7,2023
683,859 kg CO,e of
avalded emissions
C53
46% Energy Reduction 61% Water Reduction 32% Embodied Carbon Savings 120,445 kWh 406,641 gellons poleble water saved por yeor 664,385 kg CO,e of avolded emlasions 29,152 kg COe saved per year 312 kg CO,e in equivalent energy saved per year 11620 Wilshire Boulevard, 10th Floor
Los Angeles, Callfornla 90025
310.966.1680 | F 310.966.1690
www.rexfordindustrial.com Page 5 of 7
Rexford
Industrial
Fawn C-2: Map of Cand ate Houstny Shes (All Income Categories Legend
--* City Boundary
Moderale and Above Moderate Income
(S8330)
Infill for Mixed Income
Vacant Stes for 100% Affordable
Projects in the Pipeline
2 Miss
Appendix C: Housing and Financial Resources Page C 7
/ 11620 Wishire Boulevard, 10th Floor
Los Angeles, Callfornia 90025
310.966.1680 | F 310.966.1690
www.rexfordindustrlal.com Pare 6 of 7
Rexford
Industrial
Table C-a: Summary of RHNA Sentus and Sites Inventory
Above
Very Low Moderate
Low Income Moderate Total
Income income
Income
RHNA (2021-2029) 2,799 1,339 1,510 4,9J0 30,558
Unit Capaciy on Stas Inventory
Unit Capacily on Projects in the
Pipeline (In revlew, on entitled
land, issued permits, or in 950 8 2,057 3,015
construction since June 30,
2021)
Uni Capacity on Existing
3,439 1,759 5,855 11,073
Residentally Zoned Land
Proacad ADU Construction
Projected AD Construcilon 331 10 141 482
Sites Inventory Total
Tolal Unills lawards RHNA 4,74D 1,777 8,053 14570
Total Unil Capacity Over RHNA 6D2 267 3,143 4,012
Pro Hounter Pomone Percentage 15% 17% 64X sIx
11620 Wilshlre Boulevard, 104 Floor
Los Angeles, Callfornla 90025
310.966.1680 | F 310.966.1690
www.rexfordindustrial.com Page 7 of 7
Allen Matkins Leck Gamble Mallory & Natsis LLP
Allen Matkins Attomeys at Law
2010 Main Streel, 84 Floor | Irvine, CA 92614-7214
Telephonc: 949.553,1313 | Facsimile: 949.553.8354
www.allenmaikins.com
Palge H. Gosney
E-mail: [email protected]
Direci Dial: 949.851.5444 File Number: 393715.00003/4880-4708-9606.1 June 13, 2024
Honorable Mayor and City Councilmembers
City of Pomona
505 S. Garey Ave.

Pomona, CA 91766
Email: [email protected]
Re: City Council Agenda Item 18: Draft Pomona Zoning Ordinance Honorable Mayor and City Councilmembers:

This firm represents Prologis, Inc. ("Prologis'") in connection with several industrial properties it owns and operates in the City of Pomona ("City"). On behalf of Prologis, and in addition to our prior extensive comments submitted to the City, we submit this comment letter in advance of the City Council's consideration of the Draft Pomona Zoning Ordinance (the "Draft Zoning Code") at its meeting scheduled for June 17, 2024. We respectfully request this letter be included in the administrative record for the above referenced Agenda Item 18, As a threshold matter, we want to commend staff for their ongoing engagement with the City's business community, including Prologis, and efforts to strike a balance between the interests of both the public and commercial and industrial stakeholders. That being said, the Draft Zoning Code continues to fall short in several significant respects. As described below, among other things, the City's continued prohibition of product distribution/warehouse uses in the IX1 Zone (without an available conditional use permit or other similar available entitlement pathway), arbitrary cap of 22,500 square feet for microbusiness fulfilment uses, 150' x 150' maximum dimensions for industrial buildings (which effectively restricts all industrial building sizes to 22,500 square feet), limitation on dock doors to 1 per every 7,500 square feet of building space, unreasonable amenity requirements for industrial buildings, and prohibition on all primary outdoor storage uses all remain as problematic aspects of the Draft Zoning Code.

In its current form, the Draft Zoning Code continues to create uncertainty for property owners, like Prologis, that operate in the City and imposes use and development standards that fail to reflect the market realities confronting businesses operating in the City. For this reason, we respectfully request that the City Council carefully consider the comments set forth in this letter and further revise the Draft Zoning Code as requested so as to ensure the continued viability of current and future commercial and industrial businesses throughout the City.

Los Angeles | Orange County | San Diego | Century Cily | San Francisco | Nes York Allen Matkins Leck Gamble Mallory & Natsis LLP
Attomeys al Law
Honorable Mayor and City Councilembers
June 13, 2024
I. The Draft Zoning Code Establishes Use and Development Standards that Undermine the Viability of Industrial Operations in the City.

A. Product Distribution/Warehouse Uses Should be Permissible in the IXI Zone Subject to Approval of a CUP.

We urge the City to consider allowing product distribution/warehouse uses in the IXI zone with the approval of a Conditional Use Permit ("CUP"). Under the latest Draft Zoning Code, these uses are permitted by right in the Il to 13 zones but expressly prohibited in the IX1 zone. In contrast, manufacturing uses (which involve many of the same and arguably worse potential adverse impacts) are permitted with approval of a CUP. There is no rational basis for the City to distinguish between these uses in the IX1 zone, particularly given that the CUP process allows the City discretion not only to approve or deny a potential project but also to impose conditions of approval specifically targeted to reduce/eliminate the potential negative impacts of the project.

Implementing a CUP process for product distribution/warehouse uses in the IX| zone offers a flexible yet controlled approach to development. In order to grant a CUP, the Planning Commission is required to make certain mandatory findings, including that: (i) approval of the CUP is consistent with the goals, policies, plans and objectives set forth in the City's Zoning Code and General Plan; (ii) the design, scale and intensity of the proposed development and permit conditions are compatible with the existing and future land uses of the applicable zone; and (il) approval of the CUP would not result in detrimental impacts to adjacent properties or to the character or function of the neighborhood. (Draft Zoning Code, §1160.D.4.) Subject to these findings, the City Planning Commission and/or City Council on appeal (see below) have the sole and exclusive discretion to approve, approve subject to certain conditions and requirements, or deny a proposed product distribution/warehouse use. Thus, the City not only has authority to deny product distribution/warehouse uses in the IXI zone based upon perceived or potential detrimental impacts, but is also empowered through the CUP process to establish and impose conditions of approval designed to address the impacts of such projects.

More specifically, a CUP allows the City to impose specific conditions tailored to each project, ensuring alignment with community standards and minimization of potential negative impacts. Such conditions may include limitations on operational hours, traffic management plans, noise mitigation measures, and aesthetic enhancements. This process ensures that product distribution/warehouse uses are compatible with sunounding uses in the IXI zone. The City can evaluate each application on a casc-by-case basis, considering the unique context and characteristics of the surrounding area, and make an informed decision. The City is therefore empowered to control its future development by approving only those projects that complement existing uses and contribute positively to the community while rejecting or modifying those uses that may cause adverse unmitigable effects.

Furthermore, all discretionary projects, such as those requiring CUPs, are subject to environmental review under the Califomia Environmental Quality Act (Pub. Resources Code, $8 21000, et seq.) ("CEQA") except for those that qualify for a categorical exemption. (Pub. Resources Allen Matkins Leck Gamble Mallory & Natsis LLP
Attomeys at Law
Honorable Mayor and City Councilmembers
June 13, 2024

Page 3 ends

Code, § 21080(a).) The level of environmental review under CEQA generally depends on, among other things, the exact nature of the project being proposed, whether the site will be developed in phases or as a single project, and whether the lead agency determines that an Environmental Impact Report ("EIR") is required rather than a mitigated negative declaration ("MND"') or exemption.

Ultimately, the lead agency - which in this case would be the City - makes the final determination about the type of CEQA document (EIR, MND, etc...) and level of environmental review that will be required for a particular project.

The CEQA environmental review process - via an MND or EIR - is rigorous, thorough and involves a comprehensive analysis of all of a project's potential environmental impacts, including traffic, air quality, greenhouse gas, noise, aesthetics, land use, water and other impact areas, as well as suggesting mitigation measures that can be imposed to help reduce or eliminate any impacts that are found to be significant. As with the CUP process, and as a second level of review and "check" on future industrial development, the City Planning Commission and/or City Council retain absolute discretion to approve or deny a proposed warehouse/distribution project in the IX| zone based upon its potential adverse environmental impacts.

Finally, in the event that a warehouse/distribution project is approved by the Planning Commission and involves some level of public controversy of concern, there is a third level of discretion and review in that the Planning Commission's action approving the subject project can be appealed by any interested party that is "aggrieved" by Planning Commission's decision. (Draft Zoning Code, $§ 1100, 1130, 1160.D, 1110.D.2.) The appeal will be heard by the City Council at a noticed public hearing during which the City Council has exclusive discretion to affirm the Planning Commission's decision, reject or overrule the decision, or impose further conditions on the project beyond those imposed by the Planning Commission in granting the original CUP approval.

A blanket prohibition on product distribution/warehouse uses in the IXI zone would force an applicant or property owner to seek a zone change to an Il to I3 Use Module designation, which is a time-consuming and resource-intensive process involving comprehensive reviews, multiple public hearings, and additional administrative burdens and costs. By allowing these uses through a CUP process, however, the City can streamline the entitlement process, thereby reducing the strain on its r'esources while maintaining control over land use decisions.

By permitting product distribution/warehouse uses through a CUP, the City can establish a clear and efficient entitlement pathway subject to extensive checks and balances that will ensure orderly and appropriate development in the IXI zone. The CUP process would also avoid the need for a full zone change, which are often lengthy and contentious, creating uncertainty and delays for developers and property owners, as well as backlogs for the City due to the need for multiple hearings, including those before the City Council. In contrast, a CUP process and compliance with CEOA provides a more predictable and expedited route for obtaining necessary approvals, encouraging investment and development within the IXI zone.

Allen Matkins Leck Gamble Mallory & Natsis LLP
Attomeys of Law
Honorable Mayor and City Councilmembers
June 13, 2024

Page 4 ends

Finally, as part of the revisions to the prior iteration of the Draft Zoning Code staff have included language that allows manufacturing in the IX zone through a COP. The Ix! zone llowance under the Draft Zoning Code for manufacturing uses underscores a critical inconsistency and health risks, making them a suitable and logical addition to the permitted uses within the IXI zone through similar treatment and eligibility for approval through a CUP.

We are not requesting or proposing that the City Council modify the Draft Zoning Code to allow product distribution/warehouse uses by right in the IX| zone, as is the case in the Il to 13 zones. Instead, we seek an entitlement pathway that balances economic growth with regulatory oversight. Allowing product distribution/warehouse uses through a comprehensive and rigorous CUP/CEQA process ensures that the City retains the ability to regulate and condition the uses to protect public health, safety, and welfare while also facilitating industrial development, which is crucial for the local economy. The City can strike the balance it seeks by allowing a CUP process.

B. Fulfillment-Oriented Uses in the Workplace District.

The Draft Zoning Code would allow for microbusiness fulfillment-oriented uses under 22,500 square feet ("sf") in floor area within the City's Workplace Districts. While this is an improvement over the previous blanket ban on such uses, the arbitrary cap of 22,500 sf remains inconsistent with the operational needs of businesses operating as fulfillment and product transportation centers. A more flexible zoning approach that does not limit such uses to "Microbusinesses" would support a broader range of fulfillment activities and foster economic growth.

As outlined in Prologis' previous letters, the arbitrary cap of 22,500 sf is inconsistent with the needs of businesses operating as fulfillment and product transportation centers which necessitate the ability to scale. Furthermore, to qualify as a "Microbusiness" a tenant must be engaged in at least two of the following activities: "Production, Artisanal Manufacturing, Distribution, and Fulfilment." Practically speaking, this means that any tenant seeking to engage in microbusiness fulfillment must have some amount of qualifying production or manufacturing activity occurring on site. When coupled with the square footage limit referenced above, this severely constrains the pool of available tenants and ignores the market reality that the majority of industrial tenants do not engage in manufacturing or production on site.

To support a broader range of fulfillment activities and foster economic growth, we suggest a more flexible zoning approach that does not limit such uses to "Microbusinesses." This could include a graduated scale of permitted sizes based on additional criteria such as job creation potential, traffic impact analyses, and mitigation strategies for any potential adverse effects on surrounding areas.

Implementing a mechanism for allowing fulfillment uses beyond a fixed cap of 22,500 sf and not Allen Matkins Leck Gamble Mallory & Natsis LLP
Honorable Mayor and City Councilmembers
June 13, 2024

Page 5 ends

requiring some aspect of production/manufacturing in conjunction with a fulfillment use would accommodate important larger operations critical to the supply chain that rely on scale while ensuring compliance with community standards and infrastructure capacities. The City could still retain discretion to consider applications for such uses on an individual, project-by-project basis via the City's CUP regulations and CEQA review process and thus have the ability to weigh a particular fulfillment project's benefits (jobs, revenue, increased property taxes, etc...) against the potential impacts and, in doing so, make an informed decision as to whether approval of the project is ultimately C. Product Distribution in the Workplace District.

We acknowledge and appreciate that the Draft Zoning Code was previously revised to remove size limitations on distribution uses and allows for Product Distribution uses within the City's Workplace District. However, the definition of Product Distribution continues to have the effect of impractically limiting the type of operations that may be allowed, and the form standards identified elsewhere in the Draft Zoning Code effectively impose their own independent square footage cap on the Product Distribution use. This creates internal inconsistencies within the Draft Zoning Code. The City should reconsider and revise these conflicting building dimension and other development standards that indirectly limit square footage for Product Distribution uses.

First, as defined, Product Distribution refers to "It]he indoor storage of bulk goods intended for consolidation and distribution of products to manufacturers, wholesalers, of 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." This limitation to tenants engaged in "business to business" distribution constrains the use in a manner that does not reflect operational realities. Oftentimes, an operator may be engaged in both business-to-business and business-to- consumer distribution. If, as appears to be the case, the intent of the "business to business" restriction is to prevent the proliferation of last-mile e-commerce fulfillment centers in the City, such a concern can be addressed through other standards, such as imposing a cap on truck trips, a limit on the intensity of operations, or hours of operation restrictions,
Second, while the by-right allowance of product distribution uses without any size limitation in the Il to I3 Use Modules is the right step towards supporting the City's strategic role in the logistics and distribution sector, other standards, including most significantly the requirement that individual buildings be limited to dimensions of a flat width and depth at 150 foot maximums, would effectively render this provision meaningless. With the limited exception of manufacturing uses featuring assembly lines, which have a permitted dimension of 300' by 300', the square footage of a Product Distribution use in the Workplace District would be limited to 22,500 sf by virtue of specific dimension and design standards included in the Forn element of the Draft Zoning Code, This results in a requirement that is unworkable given the inherent development and operational requirements of industrial end users that rely on buildings exceeding 22,500 sf in area.

Allen Markins Leck Gamble Mallory & Natsis LLP
Attonieys at Law
Honorable Mayor and City Councilmembers
June 13, 2024

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Furthermore, if adopted in its current form, the Draft Zoning Code would render existing buildings legal nonconforming structures based on their noncompliance with the 150' by 150° requirement applicable to in the Workplace District. Thus, any future modification to the buildings at triggers an inconsistency with proposed development standards will require a complete overha f the existing building/facility and compliance with the new 22,500 sf maximum cap (150' x 150 on industrial buildings. We acknowledge and appreciate that the Draft Zoning Code allows for legal nonconforming structures to be modified or rebuilt in the same or different footprint so long as they are constructed to LEED Gold standards and do not exceed the prior square footage (Draft Zoning Code, § 11100,I.c); however, this still represents an unreasonable constraint on future redevelopment of the building to meet the needs of an evolving and robust industrial market and one that could - and likely would - disincentivize property owners from upgrading and improving their facilities.

While the complete removal of a square footage limitation for warehouse and distribution- oriented uses is the best approach, at minimum, we strongly recommend the City revise the Draft Zoning Code to clarify and conect the internal inconsistencies in building dimension and related development standards that would indirectly limit square footage for these important industrial uses.

D. Outdoor Storage Uses and Industrial Uses, Outside the Workplace Districts, Remain Broadly Prohibited.

The Draft Zoning Code continues to broadly prohibit outdoor storage uses except for equipment and machinery accessory to a Production use, ignoring that many other districts, including Transit Oriented District 4 and the Activity Center District, have historically been heavily industrial.

We recommend a performance-based zoning approach that evaluates and provides guidelines for outdoor storage, including screening and landscaping, to allow a wider variety of outdoor uses while safeguarding community and environmental interests.

Although permitting limited accessory outdoor storage is a positive step, the blanket prohibition unduly restricts businesses needing incidental storage, especially for trucks, trailers, and equipment. For example, it's unclear if ancillary truck and trailer storage on a site with a primary warehouse use would be allowed. Other jurisdictions often distinguish between standalone open storage yards and those linked to industrial buildings, typically allowing the latter with conditions.

Further, as evidenced by recent Planning Commission actions, the City has authority to limit both the types of materials to be stored outdoors (either as a primary or ancillary use) and the conditions under which the materials are stored in order to limit the aesthetic and operational impacts of the use.

If adopted as proposed, the Draft Zoning Code would render many existing industrial uses nonconforming, severely hindering business operations and causing economic losses for property owners. These restrictions would limit property refinancing, sales, and maintenance, impacting countless businesses and workers. To prevent these negative outcomes, the City should revise the Draft Zoning Code to allow greater flexibility for outdoor storage and industrial uses.

Allen Matkins Leck Gamble Mallory & Natsis LLP
Attomeys at Law
Honorable Mayor and City Councilmembers
June 13, 2024

Page 7 ends

E. Building Dimensions in the Workplace District and Transit Oriented District 4.

In the Draft Zoning Code, Building Length and Depth remains set to 150' by 150' within the Workplace and Transit Oriented Districts, resulting in a total maximum building size of 22,500 sf.

While this limit on building size is increased to 300' by 300' for certain production/manufacturing uses requiring assembly lines, this exemption remains too narrow in scope to have any practical effect for the majority of industrial uses. And while this 22,500 sf limit on building size may be workable for standard commercial and other uses, this certainly is not the case for industrial warehousing and logistics uses, which are a critical part of the City's industrial community and greater regional supply chain network, and is an entirely unsuitable manner to categorize such buildings.

Independent warehousing structures of this size are simply not practical nor reflective of market demand. No industrial developer or end user would be able to operate or tenant an industrial site developed with multiple 22,500 sf buildings, specifically in the case of large site that is best suited for a large-scale industrial warehouse-related use. Furthermore, the traffic, air quality, noise and other impacts associated with such a multi-building and multi-tenanted site would be far greater than a site developed with a typical larger industrial building (or buildings) that is both more appropriate from a site layout and logistics standpoint and more feasible from a marketing perspective. The City's 22,500 sf indirect square footage limitation is misguided and illogical from both an environmental and market feasibility perspective, and should therefore be eliminated completely from the Draft Zoning Code.

F. Amenity Space Requirements.

The City has smartly eliminated the 20% amenity space requirement within the Workplace District from the Draft Zoning Code. Nevertheless, the amenity space requirement remains within other districts in the City where significant industrial development exists, including the Activity Center District and the City's Transit Oriented District 4. Additionally, in response to comments concerning the original Draft Zoning Code requirement that buildings dedicate 20% of square footage for amenities, staff have revised the Draft Zoning Code to instead require a break area room requirement some zones.

While these changes do offer increased flexibility beyond that which was originally proposed in the Draft Zoning Code, it is still overly restrictive for industrial uses which do not often utilize oi require the level and space that the Draft Zoning Code demands for such areas. The fact remains that inclusion of this type of space is neither practical nor reflective of market demand. And although a variance may be granted to allow for deviation from these standards, depending on the location and characteristics of a particular parcel the City may simply be unable to make the hardship findings necessary to approve a variance.

In light of the above, we request that the City modify or remove this standard. Multiple alternative options exist to incorporate open space and landscaping as part of a project's design, apart from including unneeded space that will simply not be utilized by the majority of industrial tenants.

The following is a list of people who sent the below letter as a comment for Public Hearing Item #18 "CLEANCE
GREEN
PONONA
Clean & Green Pomona Supports Zoning that Prioritizes
the Health and Quality of Life of Pomona Residents!
• The voice of Pomona residents must be heard. Our health and quality of life must be the absolute priority!
• Ban new polluting facilities! Many types of polluting businesses are overrunning our city!
become vacant!
• Complete the additional new environmental justice policy and apply it to city zoning by July, 2025.

1. Clean&Green Pomona supports the voice of Pomona residents being heard. Our health and quality of life must be the absolute priority! We are tired of polluting businesses. Our region was given an F for air pollution by the American Lung Association for failing to protect the health of people of all ages. Outside organizations, who pressure our city to build more large warehouses, don't have Pomona residents' best interest in mind. The South Coast AQMD "found that more than 2.4 million people live within half a mile of at least one large warehouse, that those areas have higher rates of asthma, heart attacks and poverty and are disproportionately Black and Latino." (Los Angeles Times, Southern California Warehouse Boom a Huge Source of Pollution.

Regulators are Fighting Back, May 5, 2021). Zoning decisions are environmental justice decisions. Pomona has hazardous air pollution (according to CalEnviroScreen), heavy truck traffic, and industrial fires. We need new zoning standards which put residents first. We need local businesses that bring good stable jobs to Pomona residents and are good neighbors. Large warehouses and trucking hubs, owned by largely absentee landlords, bring pollution, damage our health, and increasingly operate with automated robots, providing few jobs.

2. Clean&Green Pomona supports banning new polluting facilities, which don't fit with our future vision in our City's General Plan. (Banning means that current businesses can continue to operate, but no new ones of that type of facility can start). We agree with the well-supported proposal from the city staff, to ban additional new: Trucking Facilities, Waste/Recycling/Pallet Facilities (already banned), Auto Repair, Drive Throughs, Car Washes, Gas Stations, Outdoor Storage (except very limited accessory storage connected to a business), Fulfillment facilities (except micro fulfillment).

Fulfillment is the aspect of the warehouses/logistics/goodsmovement with the heaviest truck traffic. Our future is brighter if we design our city for cleaner and more varied types of businesses. Restricting new polluting businesses benefits current mom-and- 1 pop business owners who are invested in Pomona. Zoning should reflect the priorities of the General Plan, which plans for light industrial in our industrial workplace zone.

3. Clean&Green Pomona supports limiting the size of new industrial buildings to 150 feet by 150 feet (22,500 square feet). That's large enough. Smaller buildings support local businesses, are more adaptable for future changing business needs, and utilize fewer large diesel trucks. Diesel emissions cause respiratory disease and cancer. 80% of Pomona's industrial buildingare 20,000 square feet or smaller. Allowing new buildings larger than this, opens the door in the future for the heavy pollution that comes with warehouses/logistics/goods movement.

4. Clean&Green Pomona supports revoking a "use right" in 6 months, after a banned facility goes out of business, If no one buys or rents the property in that time. This avoids vacant buildings, and replaces polluting facilities with better businesses. For example, several terrible recycling facilities had their "use right" revoked 6 months after they went out of business, due to our Waste and Recycling Ordinance. They have been replaced by good businesses, such as manufacturing businesses, with more jobs.

5. Clean&Green Pomona supports the completion of the additional Environmental Justice Element, and changes to the zoning code based on that policy, being brought to a vote no later than July 2025. Pomona's zoning code has not been updated since 1949! We appreciate that our current city staff worked hard on the zoning code update.

Environmental justice policy should already be in place in Pomona and shaping the zoning code. But given this major update to our zoning code, more time is needed to complete environmental justice policy well. However, we will not wait for years or decades for these important, additional environmental justice policies to become a reality. The Environmental justice policy element, and changes to the zoning code based on that policy, should be brought to vote no later than July, 2025.

I support zoning that prioritizes the health and quality of life of Pomona residents:

Name (printed) Ryan Ponner
Signature. TAn Dana
Address (Optional)
504 E Mckinley Ave
CA
41767
GREEN
cleangreenpomona.org
facebook.com/cleangreenpomona/
instagram.com/cleangreenpomona/
2 "CLEAN&'
REEN
POMONA
Clean & Green Pomona Apoya Zonificación que da Prioridad a la Salud y Calidad de Vida de los Residentes de Pomona! La voz de los residentes de Pomona debe ser escuchada. Nuestra salud y calidad de vida debe ser prioridad absolutal
• Prohiban nuevas instalaciones contaminantes! Muchos tipos de negocios contaminantes están sobrepasando nuestra ciudadl
• Limiten el tamaño de nuevas instalaciones industriales a 150 pies x 150 pies (22,500 pies cuadrados)!
• Revoquen el "derecho de usar" de instalaciones prohibidas, 6 meses después de que estos cierren el negocio y están vacantes!
• Completen la póliza adicional de la justicia ambiental nueva y aplicarla a la zonificación de la ciudad para julio 2025!

1. Clean&Green Pomona apoya que la voz de los residentes de Pomona sea escuchada. Nuestra salud y calidad de vida debe ser prioridad absolutal Estamos cansados de los negocios contaminantes. La Asociación Americana del Pulmón le dio una F a nuestra región por la contaminación del aire ya que falla en proteger la salud de las personas de todas edades.

Organizaciones de afuera, que presionan a nuestra ciudad en construir más almacenes gigantes, no tienen los mejores intereses de los residentes de Pomona en mente. El South Coast AQMD "encontró que más de 2.4 millones de personas viven dentro de una media milla de al menos un almacén gigante, que esas áreas tienen niveles más altos de asthma, ataques del corazón y pobreza y son desproporcionadamente Afro-Americanos y Latinos." (Los Angeles Times, Southern California Warchouse Boom a Huge Source of Pollution. Regulators are Fighting Back, May 5, 2021). Las decisiones de zonificación son decisiones de justicia ambiental. Pomona tiene polución del aire peligroso (de acuerdo a CalEnviroScreen), el tráfico de camiones pesados, e incendios industriales. Necesitamos nuevos estándares de zonificación que pongan a los residentes primero. Necesitamos negocios locales que traigan buenos trabajos estables a los residentes de Pomona y que sean buenos vecinos. Almacenes gigantes y centros de transporte, propiedades mayormente de propietarios ausentes, traen contaminación, daños a nuestra salud, y operan cada vez más con robots automatizados, proveyendo pocos trabajos.

2. Clean&Green Pomona apoya prohibir nuevas instalaciones contaminantes, que no caben con nuestra visión futura del Plan General de la Ciudad. (Prohibir significa que negocios actuales pueden continuar con sus operaciones, pero no pueden empezar nuevas instalaciones de ese tipo). Estamos de acuerdo con la propuesta del personal de la ciudad que está bien apoyada, de prohibir nuevo adicional: Instalaciones de Camiones, Instalaciones de Basura/Reciclaje/Paleta Gasolina, Almacenamientos al Aire Libre (excepto muy limitado almacenamiento de accesorio conectado a un negocio), Instalaciones de Complimiento (excepto micro cumplimiento).

Cumplimiento es el aspecto del almacén/logísticas/movimiento de bienes con el tráfico más pesado de camiones. Nuestro futuro es más brillante si diseñamos nuestra ciudad con negocios más limpios y más variados. El restringir nuevos negocios contaminantes beneficia a los dueños 1 de negocios familiares actuales que están invertidos en Pomona. La zonificación debe reflejar las prioridades del Plan General, que planea para una industria ligera en nuestra zona de trabajo industrial.

3. Clean&Green Pomona apoya limitar el tamaño de nuevos edificios industriales a 150 pies por 150 pies (22,500 pies cuadrados). Eso es lo suficiente grande. Edificios más pequeños apoyan negocios locales, son más adaptables para las necesidades de los cambios futuros de los negocios, y utilizan menos camiones grandes de diesel. Las emisiones de diesel causan enfermedades respiratorias y cáncer. 80% de los edificios industriales de Pomona son 20,000 pies cuadrados o más pequeños. Al permitir nuevos edificios más grandes que esto, abre la puerta en el futuro para la contaminación pesada que viene con los almacenes/logísticas/movimiento de bienes.

4. Clean&Green Pomona apoya que revoquen el "derecho de usar" en 6 meses, después de que una instalación prohibida cierre el negocio y nadie compre ni rente la propiedad durante este tiempo. Esto evita edificios vacantes, y reemplaza instalaciones contaminantes con mejores negocios. Por ejemplo, varias instalaciones terribles de reciclaje tenian su "derecho de usar" revocada 6 meses después de que ellos cerraran su negocio, a causa de nuestra Ordenanza de Basura y Reciclaje. Ellos han sido reemplazados por buenos negocios, como negocios de fabricación, con más trabajos.

5. Clean&Green Pomona apoya que se complete la póliza adicional del Elemento de Justicia Ambiental, y cambios al código de zonificación basado en esa póliza, que sea traída a un voto a no más tardar de julio 2025. El código de zonificación de Pomona no ha sido actualizado desde 1949l Apreciamos que nuestro personal actual de la ciudad trabajará arduamente en la actualización del código de zonificación. La póliza de justicia ambiental ya debería estar es su lugar en Pomona y formando el código de zonificación. Pero dado esta actualización mayor a nuestro código de zonificación, se necesita más tiempo para completar la póliza de justicia ambiental bien. Sin embargo, no esperaremos por anios o decadas para que estas importantes polizas ambientales adicionales se hagan realidad. El elemento de la póliza de justicia ambiental, y cambios al código de zonificación basada en esa póliza, deben ser traídos al voto a no más tardar de julio 2025.

Yo apoyo zonificación que da prioridad a la salud y calidad de vida de los residentes de Pomona:

Nombre (impresa)_
Firma
Domicilio (opcional)
GREEN®
cleangreenpomona.org
facebook.com/cleangreenpomona/
instagram.com/cleangreenpomona/
2 Ryan Donner
Estela Vazquez
Maria Elena Gonzalez
Lucia Sala
Marcie Mercado
Kathryn Martens
Josefina Chavez
David Holmes
Rene Jimenez
Luis Gonzalez
Donald Martens
Bree Hsieh
Meg Johannsen
Kadena Hsieh
Emilie Drake
Lucas Drake
Amy Donner
Ludunila Drake
Carole Kyles
Carlyle J. Gilders
Brian Taylor
Matthew Miller
Audrey Johannsen
Tami Miller
Jennifer Leader
Karen E. McReynolds
Judy Campbell-Smith
Judith Tiersman
Bridgette Ramirez
Patricia Corcoran
Mark Gearhart
John Watson
Joseph George
Jeff Johannsen
Jeff Campbell-Smith
David Llamas
Timothy C. Corcoran
Adam Donner
Jonathan M. Ball
Derek Engdahl
Kathy McClaskey
The following is a list of people that sent the below email aș a comment for Public Hearing Item #18 From: Mauri Martinez
To: Sandoval. Tim; Nolle, Jetu: Preciade Victor; Garcia. Nora; Ontiveros-Cole, Flizabeth; Lustro, Steve: Torres, Robert
Cc: City Clerk: Gutierrez, Anita: Khan, Ata
Subject: Consideration on Inflexible Zoning Code Changes Date: Tuesday, June 11, 2024 7:30:30 PM
CAUTION: This emnil originated from outside your organization. Exercise caution when opening attachments or on elicking links from unknown senders.

Dear Mayor and Members of the Pomona City Council,
As a concerned resident, I'm alarmed by the direction the city is headed in the proposed Zoning Code Update. The current draft of the Update will drive residents and businesses away from Pomona instead of creating a selcoming, dynamic city for all.

We need revisions to the Update that will promote job creation and attract investment to support essential public services and keep our neighborhoods safe. As a resident, here are a few key points to consider:
- Retain Local Businesses and Protect Good-Paying Local Jobs: Retaining local jobs is critical so we can reduce long commutes and vehicle miles traveled. Local jobs are crucial for Pomona's residents who are struggling to devote precious time with their families and community.
• Don't Jeopardize Our Local Businesses and Homeowners: According to the city's own data, the current proposed Zoning Code Update would risk making 113 local enterprises nonconforming and force tenants to either adapt to the proposed code's limited uses or leave.

We also need to prevent a decrease in residential and commercial property values by minimizing the number of properties subject to nonconformity risks. We don't need to create additional limitations on industrial uses as well as hurdles for entrepreneurs wanting to renovate or expand their businesses.
- Encourage New Investments and More Local Jobs: We need to encourage businesses to hire and invest locally, boosting our community's economic health. Revise the current draft to keep jobs local and foster growth and innovation. The current draft of the Zoning Code Update is steering us in the wrong direction - let's get back on track. - Goods Movement is Critical to Pomona's Future: As residents and consumers, we should celebrate the essential services that goods movement operators provide our society in delivering the majority of food, medicines and essential supplies to our homes and local retail establishments. Let's not punish residents by limiting the activities of such essential industries in Pomona.

Reasonable solutions exist that benefit all stakeholders, creating jobs and supporting much- needed investment. Residents, local leaders, and businesses must collaborate to retain existing jobs, create startups and innovative enterprises, and showcase Pomona's unique advantages as a hub for manufacturing, logistics, and distribution uses.

Let's work together to create a city where opportunities abound, and every neighborhood is a safe and thriving place to call home.

Your Neighbor,
Mauricio martinez
Rudy Trajillo Claudia Navigad
Mary Dominguez Eva Garcia
Susan Maranan Mark Johnson
Nancy Lucero Gayle
Mary Rodriguez Kurt Brown
Ernie Avila Will Lopez
Andrea Corrine Jones Lenda Winfrey
Romeo Par Christine Calderon
Raul Arevalo Ramiro Diaz
Dagmar Pascua Alexis Goff
Art Arizmendi Robert Hall
Anitamarie Garcia Olga Madriz
Debbi Huffey
Raul Arevalo
Paul Duran •
Margaret Lopez
Alan Lemus
Raymond Rodriguez
Adriana Nunez
Norma Yrigoyen
Patty Martinez
Evangelina Salazar
Corvine Enz
Lenda Winfrey
Alice Buenrostro
Elizabeth Rodriguez
M. Hernan
Maria Campos
Tax Lady
Helen Pandeli
Yvette Ramirez
Gaby Liu
Lindwina Win
LZ
Valleri Bowerman
Mark Deboe Sr.

David Santi
Susan Marie Paquette
Chris Henry
Jianglan Hsu
Naomi Limas
•
Cristina R.

City Council / Housing AuthorityJune 17, 2024

City Council / Housing Authority
June 17, 2024