PC RESOLUTION NO. 24-011
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF POMONA, CALIFORNIA APPROVING A DEVELOPMENT PLAN REVIEW (DPR-021499-2023) FOR THE DEVELOPMENT OF 45 RESIDENTIAL UNITS AS WELL AS ASSOCIATED ON-SITE AND OFF-SITE IMPROVEMENTS ON A PROPERTY LOCATED AT 1707 N. TOWNE AVENUE (ASSESSOR’S PARCEL NUMBER 8339-001-008) WHEREAS, the applicant, RC Homes, Inc., has submitted an application for a Development Plan Review (DPR-021499-2023) to develop a 1.90 acre site, that is currently vacant, with 45, three-story, attached townhome style units as well as associated on-site and off-site improvements including, utilities, private drives, as well as common and private open space on a property located at 1707 N. Towne Avenue (Assessor’s Parcel Number 8339-001-008); WHEREAS, the applicant has concurrently submitted an application for a Tentative Tract Map (TRACTMAP-021501-2023) to subdivide the property for condominium purposes; WHEREAS, the subject property is currently located within the Administrative Professional (A-P) and SB330 Overlay zoning district; WHEREAS, the subject property has a General Plan Place Type designation of "Urban Neighborhood" and “Activity Center”; WHEREAS, the subject property has a General Plan Transect Zone designation of "T5” allowing up to 80 dwelling units per acre and “T4-A” allowing up to 70 dwelling units per acre; WHEREAS, the proposed project is subject to the provisions of Housing Crisis Act of 2019 also known as Senate Bill 330 (SB 330); WHEREAS, the proposed project is subject to the provisions of the city’s Inclusionary Housing Program (Ordinance No. 4295); WHEREAS, the Planning Commission of the City of Pomona has, after giving notice thereof as required by law, held a public hearing on June 26. 2024, concerning the requested Development Plan Review (DPR-021499-2023); and WHEREAS, the Planning Commission has carefully considered all pertinent testimony and the staff report offered in the case as presented at the public hearing.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Pomona, California:
SECTION 1. In compliance with the California Environmental Quality Act (CEQA) guidelines, staff has determined that the proposed project meets the criteria for an exemption under Section 15183 (Projects Consistent with a Community Plan, General Plan or Zoning) of CEQA. The proposed project is consistent with the City's General Plan; the proposed project will not result in any peculiar impacts that were not identified as a significant impact under the 2014 General Plan Update EIR (GPU EIR); the project site has no value as habitat for endangered, rare or threatened species; the proposed project will not have any significant effects upon the environment that were not identified as significant in the GPU EIR; the proposed project will not result in a potentially significant offsite impact or cumulative impact not discussed in the GPU EIR; the proposed project will not result in a more severe impact due to substantial new information that was not known at the time the GPU EIR; and the site can adequately be served by all required utilities and public services. Therefore, no further environmental review is required.
SECTION 2. If any part, provision, or section of this resolution is determined by a court or other legal authority with jurisdiction over the subject matter of this resolution to be unenforceable or invalid, the remainder of the entirety of this resolution shall not be affected and shall continue in full force and effect. To this end, the provisions of this resolution are severable.
SECTION 3. In accordance with Urgency Ordinance No. 4311, the approving body shall make the findings below in order to approve Development Plan Review (DPR-021499-2023). Based on consideration of the whole record before it, including but not limited to, the staff report, public testimony received at the public hearing on this matter, and evidence made part of the public record, the Development Services Director hereby finds as follows:
The project is consistent with the City of Pomona General Plan and all applicable requirements of the Pomona City Code.
The project site has a General Plan Place Type designation of Activity Center and Urban Neighborhood and is consistent with General Plan Goal 6A.G8, Improve the physical quality of existing neighborhood centers throughout the City, particularly those within or next to residential neighborhoods, as well as General Plan Goal 6E.G4, Establish active, pedestrian-oriented neighborhoods with a mix of housing and workplace development, including clean light industry, manufacturing, flex and incubator spaces, and live/work units, as the proposed project will significantly improve a vacant, underutilized property by constructing a new 45-unit townhome development adjacent to existing residential neighborhoods. The project will include improvements consisting of structures incorporating a Spanish Revival architectural style, structures oriented towards the public right-of-way, pedestrian access to public sidewalks via paseos and decorative entry ways, as well as new landscaping in the form of decorative paving, common open space, paseos, and parkways. The project will also be conditioned to comply with all applicable code provisions.
The project complies with the applicable regulations of the Pomona Zoning Ordinance and all other applicable Federal, State, and local regulations.; The proposed project will comply or be conditioned to comply with the applicable provisions of the Pomona Zoning Ordinance and all other applicable Federal, State, and local regulations, including but not limited to, the Medium Density Multiple-Family (R-3) standards, the local Inclusionary Housing Program, the Subdivision Map Act, and State Density Bonus law.
SECTION 4. Based upon the above findings, the Planning Commission hereby approves Development Plan Review (DPR-021499-2023) subject to compliance with all applicable laws and ordinances of the City as well as the addition of the following conditions, violations of which (or failure to complete any of which) shall constitute grounds for revocation of the conditional use permit or any portion thereof:
DEVELOPMENT SERVICES DEPARTMENT – PLANNING DIVISON
Approved Plans and Modifications. The subject property shall be developed and/or used in a manner consistent with the project plans reviewed and approved by the Planning Commission on June 26, 2024 and as illustrated in the stamped approved plans dated June 26, 2024. Any major modifications to the approved project plans shall be reviewed and approved by the Planning Commission as part of a modification to the approved plans. Any minor modifications that do not affect the overall intent of the approved project, may be reviewed and approved by the Development Services Director or their designee.
Approval Period and Time Extension. This approval shall lapse and become void if construction has not commenced under a valid building permit, within twelve (12) months from the date of this approval (June 26, 2025), in accordance with Pomona Zoning Ordinance Section .585(B)(4). The designated approving body may extend this period for a maximum of two (2), twelve (12) month extensions upon receipt of an application for a Time Extension request submitted in writing by the applicant, property owner(s), and/or authorized designee a minimum of 30 days prior to the expiration of the Development Plan Review.
Indemnification. The applicant shall indemnify, protect, defend, and hold harmless, the City, and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, from any and all claims, demands, law suits, writs of mandamus, and other actions and proceedings (whether legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute resolutions procedures (including, but not limited to arbitrations, mediations, and other such procedures), (collectively "Actions"), brought against the City, and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, that challenge, attack, or seek to modify, set aside, void, or annul, the any action of, or any permit or approval issued by, the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof (including actions approved by the voters of the City), for or concerning the project, whether such Actions are brought under the California Environmental Quality Act, the Planning and Zoning Law, the Subdivisions Map Act, Code of Civil Procedure Section 1085 or 1094.5, or any other state, federal, or local statute, law, ordinance, rule, regulation, or any decision of a court of competent jurisdiction. It is expressly agreed that the City shall have the right to approve, which approval will not be unreasonably withheld, the legal counsel providing the City's defense, and that applicant shall reimburse the City for any costs and expenses directly and necessarily incurred by the City in the course of the defense. The City shall promptly notify the applicant of any Action brought and the City shall cooperate with applicant in the defense of the Action.
Violation of Conditions. In case of violation of any of the conditions of approval or City law, the property owner and tenant will be issued a Notice of Correction. If said violation is not remedied within a reasonable period of time and/or subsequent violations of the conditions of approval and/or City law occurs within ninety (90) days of any Notice of Correction, the property owner shall be held responsible to reimburse the City for all staff time directly attributable to enforcement of the conditions of approval and/or City law, including, but not limited to, revocation of the herein Development Plan Review.
Appeals. The project is subject to a twenty (20) calendar day appeal period beginning from the date of action by the approving body. During the appeal period, written appeals may be filed with the City Clerk by one or more city councilmembers, by the applicant, or by any person owning property within four hundred feet of the exterior boundaries of the applicant's property.
Conditions of Approvals on Plans. Prior to plan check submittal, the applicant shall include all conditions of approval from PC Resolution No. 2024-011 on the title sheet of the construction documents.
Utility and Mechanical Equipment on Plans. Prior to plan check submittal, the applicant shall ensure the site plan identifies all utility apparatus, such as but not limited to, backflow devices and electric transformers. Utility meters shall be screened from view from public right-of-ways. Backflow prevention devices shall not be located in the front yard setback and shall be screened from public view. The site plan and elevations shall include the location of all gas meters, water meters, electrical panels, air conditioning units, mailboxes (as approved by the United States Postal Service), and similar items. If located on a building, utilities and/or equipment must be architecturally integrated with the design of the building, non-obtrusive, not interfere with sidewalk areas, and comply with required setbacks.
Fence and Wall Permit. The installation of any walls and/or fences will require the submittal of a Fence and Wall Permit application for review and approval by the Planning Division. The plans (including a site plan, section drawings, and elevations depicting the height and material of all retaining walls, walls, and fences) shall be in substantial conformance with the grading plan and any other applicable plans submitted as part of the Development Plan Review. The plans shall identify materials, seep holes, and drainage.
Sign Permit. The installation of any signage shall require the submittal of a Sign Permit application for review and approval by the Planning Division.
Landscape Plan Check. Prior to issuance of a building permit, the applicant shall submit an a Landscape Plan Check application for review and approval by the Planning Division. The plans shall be in substantial conformance with the conceptual landscaping plan and other applicable plans submitted as part of the Development Plan Review. The landscape design shall comply the State Model Water Efficient Landscape Ordinance, and applicable portions of Section .503-J of the PZO.
Landscape Maintenance Bond. Prior to issuance of a certificate of occupancy, the applicant shall submit a landscape maintenance bond to the Planning Division to be held for a period of one year to ensure the project’s compliance with the approved landscaping plans, at an amount to be determined by the Development Services Director or their designee.
Art in Public Places. The applicant shall comply with the Art in Public Places Policy and Guidelines Manual pertaining to public art requirements for private development. The applicant shall meet compliance by choosing one of the following two options:
Option 1. Placement of approved Public Art on the Project site.
The Applicant may place an approved Public Art on a private development site. The Public Art, and all eligible expenditures associated with installation of the Public Art (as described in the Manual), shall be in an amount equal to or in excess of the Public Art Allocation.
A Final Design Plan of the Public Art to be installed on the Project site shall be approved by the Cultural Arts Commission prior to the issuance of a building permit for the Project.
The Public Art shall be installed on the Project site prior to the issuance of a certificate of occupancy, including any temporary certificate of occupancy, for the Project. In cases where the Public Art cannot be installed on the Project site prior to the issuance of a certificate of occupancy, the Applicant may post a cash bond to assure installation of the Public Art. The cash bond shall be in an amount equal to the Public Art Allocation or an amount based on any remaining, unexpended artwork budget as determined by the Development Services Director. The bond shall not be released until the Public Art has been completed and installed on the Project site in accordance with the approved Final Design Plan.
Option 2. Payment of an In-lieu Contribution.
The Applicant may choose to pay an In-lieu Contribution. The In-lieu Contribution shall be submitted to the City and deposited into the Public Art Fund prior to the issuance of any building or grading permit for the Project.
Use of In-lieu Contributions.
In-lieu Contributions shall be used for the acquisition and installation of Public Art on public or private property in the City, except that up to 1/3 of the In-lieu Contribution may be used for maintenance of the proposed Public Art or an existing Public Art that is listed on the City’s registry of Public Art.
In-lieu Contributions may be aggregated with other funds contained in the Public Art Fund for the purpose of providing a single qualifying Public Art project.
Inclusionary Housing Program. The applicant shall comply with City of Pomona Ordinance No. 4295, pertaining to Inclusionary Housing.
Affordable Housing Agreement. An Affordable Housing Agreement in a form approved by the City must be recorded against Inclusionary Units or the Residential Development in its entirety, as deemed appropriate by the City Manager in consultation with the City Attorney, prior to the issuance of any building permit for the Residential Development.
Noise During Construction Activity. During demolition, grading, site development, and/or construction, all requirements of the Pomona Zoning Ordinance and Municipal Code, including the noise provisions, shall be adhered to. All activities including truck deliveries associated with construction and grading will be limited to Monday through Saturday, between 7:00 a.m. and 8:00 p.m., and provided the noise level created by such activities do not exceed the noise standard of 65 dB(A) plus the limits specified in section 18-311(b) as measured on residential property and any vibration created does not endanger the public health, welfare, and safety.
Noise and Vibration, General. There shall be no activity conducted on the subject site that exceeds the noise and vibration parameters of Pomona City Code Section 18-301, et seq., and City Council Ordinance No. 3939 at any time, or such other ordinance enacted related to noise and vibration.
Maintenance During Construction. The property, including all construction areas, shall be kept clean at all times prior to, during, and after construction.
Maintenance During Operations. The property owner shall provide regular maintenance and cleaning of all exterior walkways, patios, canopies, sidewalks, and landscaped parkways in compliance with Pomona City Code 62-351.
Maintenance of Private Balconies. The private balcony areas shall be kept free and clear of any unnecessary debris and maintained in an orderly fashion at all times.
Maintenance of Landscaping. All landscaping shall be maintained in a neat and clean manner, and in conformance with the stamped approved plans associated with this project.
Removal of Graffiti. The property owner shall remove any graffiti on the project site within 24 hours of discovery. The paint utilized to cover the graffiti shall substantially match the existing structure. In the event that the paint finish of the abated area is noticeably distinguishable from the rest of the structure, the property owner shall paint additional portions of the building to minimize the disparity, subject to the approval of the Development Services Director or their designee.
Air Quality Conditions.
Demolition, Grading, and Construction Activities: Compliance with Provisions of SCAQMD Rule 403. The project shall comply with all applicable standards of the Southern California Air Quality Management District (SCAQMD), including the following provisions of Rule 403:
All unpaved demolition and construction areas shall be wetted at least twice daily during excavation and construction, and temporary dust covers shall be used to reduce dust emissions and meet SCAQMD Rule 403. Wetting could reduce fugitive dust by as much as 61 percent.
The construction area shall be kept sufficiently dampened to control dust caused by grading and hauling, and at all times provide reasonable control of dust caused by wind.
All clearing, earth moving, or excavation activities shall be discontinued during periods of high winds (i.e., greater than 15 mph), in order to prevent excessive amounts of dust.
All dirt/soil shall be secured by trimming, watering, or other appropriate means to prevent spillage and dust.
All dirt/soil materials transported off-site shall be either sufficiently watered or securely covered to prevent excessive amounts of dust.
General contractors shall maintain and operate construction equipment to minimize exhaust emissions.
Trucks having no current hauling activity shall not idle but be turned off.
Odors: Compliance with Provisions of SCAQMD Rule 402.The project shall comply with the following provision of SCAQMD Rule 402. A person shall not discharge from any source whatsoever such quantities of air contaminants or other material which cause injury, detriment, nuisance, or annoyance to any considerable number of persons or to the public, or which endanger the comfort, repose, health or safety of any such persons or the public, or which cause, or have a natural tendency to cause, injury or damage to business or property.
Architectural Coatings: Compliance with SCAQMD Rule 1113. The project shall comply with SCAQMD Rule 1113 limiting the volatile organic compound (VOC) content of architectural coatings, through use of low VOC coatings as issued by the contractor.
Engine Idling. In accordance with Section 2485 of Title 13 of the California Code of Regulations, the idling of all diesel-fueled commercial vehicles (weighing over 10,000 pounds) during construction shall be limited to five minutes at any location.
Emission Standards. In accordance with Section 93115 of Title 17 of the California Code of Regulations, operation of any stationary, diesel-fueled, compression-ignition engines shall meet specified fuel and fuel additive requirements and emission standards.
Air Filters. In accordance with the 2022 California Energy Code Subchapter 7, Section 150(m), the installation of MERV 13 air filters in the building ventilation systems shall be required for all new sensitive use structures.
Biological Resources Conditions.
Biological Survey. Conduct presence/absence biological surveys for sensitive plant and animal species during the appropriate time of year and time of day in natural areas prior to any construction activities proposed adjacent to or in natural areas. If no special-status species are detected during these surveys, then construction-related activities may proceed. If listed special-status species are found in the construction zone, then avoid these species and their habitat or consult with U.S. Fish and Wildlife prior to the commencement of construction.
Nesting Bird Survey. As feasible, vegetation clearing should be conducted outside of the nesting season, which is generally identified as March 1 through August 31 (as early as January 1 for some raptors). If avoidance of the nesting season is not feasible, then a qualified biologist shall conduct a nesting bird survey within three days prior to any disturbance of the site, including disking, demolition activities, and grading. If no nesting birds are detected during surveys, then construction-related activities may proceed. If active nests are identified, the biologist shall establish suitable buffers around the nests, and the buffer areas shall be avoided until the nests are no longer occupied and the juvenile birds can survive independently from the nests. Buffers may be as large as 300 feet (500 feet for raptors) or as determined by the qualified biologist. The biologist shall act as monitor to determine when the nest is no longer active and remove the avoidance buffer.
Cultural Resources Conditions.
Donation Of Paleontological or Archaeological Findings. In the event scientifically valuable paleontological or archaeological materials are identified on the subject site, those materials shall be donated to a responsible public or private institution with a suitable repository, located within Pomona, or Los Angeles County, whenever possible.
Procedures If Buried Cultural Materials Encountered. In the event that field personnel encounter buried cultural materials, work in the immediate vicinity of the find should cease and a qualified archaeologist should be retained to assess the significance of the find. The qualified archaeologist shall have the authority to stop or divert construction excavation as necessary. If the qualified archaeologist finds that any cultural resources present meet eligibility requirements for listing on the California Register or the National Register, plans for the treatment, evaluation, and mitigation of impacts to the find will need to be developed. Prehistoric or historic cultural materials that may be encountered during ground-disturbing activities include:
Historic artifacts such as glass bottles and fragments, cans, nails, ceramic and pottery fragments, and other metal objects; Historic structural or building foundations, walkways, cisterns, pipes, privies, and other structural elements; Prehistoric flaked-stone artifacts and debitage (waste material), consisting of obsidian, basalt, and or cryptocrystalline silicates; groundstone artifacts, including mortars, pestles, and grinding slabs; Dark, greasy soil that may be associated with charcoal, ash, bone, shell, flaked stone, groundstone, and fire affected rocks.
Procedures If Human Remains Encountered. If human remains are encountered, State Health and Safety Code Section 7050.5 states that no further disturbance shall occur until the County Coroner has made a determination of origin and disposition pursuant to PRC Section 5097.98. The County Coroner must be notified of the find immediately. If the remains are determined to be prehistoric, the Coroner will notify the Native American Heritage Commission (NAHC), which will determine and notify a Most Likely Descendant (MLD). With the permission of the landowner or his/her authorized representative, the MLD may inspect the site of the discovery. The MLD shall complete the inspection within 48 hours of notification by the NAHC.
Noise and Vibration Conditions.
10 Noticing. At least 10 days prior to the start of construction activities, a sign shall be posted at the construction site, or other conspicuous location, that includes a telephone number for project information, and a procedure in which a construction manager will respond to and investigate noise complaints and take corrective action, if necessary, in a timely manner. 21 Noticing. At least 21 days prior to the start of construction activities, building occupants and residents within 300 feet of the project site shall be notified of the planned construction activities. The notification shall include a brief description of the project, the activities that would occur, the hours when construction would occur, and the construction period’s overall duration. The notification shall include the telephone numbers of the City’s and contractor’s authorized representatives that are assigned to respond in the event of a noise complaint.
Noise Complaints. If a construction noise complaint is registered and if City code enforcement is not available to make noise measurements, the Applicant, if and as directed by the City, shall retain a City-approved noise consultant to conduct noise measurements at the properties that registered the complaint. The noise measurements shall be conducted for a minimum of one hour. The consultant shall prepare a letter report for code enforcement summarizing the measurements, calculation data used in determining impacts, and potential measures to reduce noise levels to the maximum extent feasible.
Equipment Maintenance. Prior to the start of and for the duration of construction, the contractor shall properly maintain and tune all construction equipment in accordance with the manufacturer’s recommendations to minimize noise emissions.
Equipment Maintenance. Prior to use of any construction equipment, the contractor shall fit all equipment with properly operating mufflers, air intake silencers, and engine shrouds no less effective than as originally equipped by the manufacturer.
Equipment Restriction. Stationary noise sources (e.g., generators) shall be located as far from sensitive receptors as practicable, and they shall be muffled and enclosed within temporary sheds, or insulation barriers with a minimum STC rating of 32.
Equipment Restriction. The use of bells, whistles, alarms, and horns shall be restricted to safety warning purposes only.
Equipment Restriction. Signs shall be posted at the job site entrance(s), within the on-site construction zones, and along queueing lanes (if any) to reinforce the prohibition of unnecessary engine idling. All other equipment shall be turned off if not in use for more than five minutes. The construction manager shall be responsible for enforcing this.
Equipment Restriction. Construction activities that utilize large grading and earthmoving equipment within 77 feet of residential buildings (where people reside and sleep) and 9 feet of nonresidential buildings shall be conducted with off-road equipment that is limited to 100 horsepower (hp) or less.
Equipment Restriction. Construction activities that utilize a roller within 133 feet of residential buildings (where people reside and sleep) and 16 feet of nonresidential buildings shall be conducted with a static or pneumatic roller in lieu of a vibratory roller.
Equipment Restriction. To the extent feasible, hydraulic equipment shall be used instead of pneumatic impact tools, and electric-powered equipment shall be used instead of diesel-powered equipment.
Construction Staging. Staging and delivery areas shall be located as far as feasible from nearby sensitive receptors.
Hauling. Material hauling and deliveries shall be coordinated by the construction contractor to reduce the potential of trucks waiting to unload for protracted periods of time.
Temporary Noise Barriers. Prior to the initiation of construction activities at the project site, temporary noise barriers/blankets shall be constructed along the entire eastern, southern, and western project site boundaries. Barriers shall be constructed with a solid material that has a density of at least 1 pound per square foot (such as but not limited to, 5/8-inch plywood or 5/8-inchoriented strand board) at a minimum height of 12 feet with no gaps from the ground to the top of the barrier.
Permanent Sound Wall. An eight-foot-tall sound wall shall be installed at the northwest corner of the site, extending east along the northern property line to Building 7 (approximately 80 feet in length) and south along the western property line past the dog park (approximately 80 feet in length), at minimum.
Exterior Walls. The project’s proposed exterior wall assembly shall consist of three-coat stucco over sheathing on wood studs with a single layer of gypsum board on the interior and batt insulation in the cavity.
STC Ratings. Windows and glass doors shall achieve the minimum STC ratings shown in Table 3 of the acoustical analysis completed by Veneklasen Associates, Inc. and dated April 24, 2024. Windows and glass doors shall also meet the minimum octave band transmission loss values and STC rating requirements specified in Appendix I of the acoustical analysis.
Ventilation. Residential mechanical ventilation, or other means of natural ventilation, shall be required for all units in Zones A, B, and C, as referenced in the acoustical analysis completed by Veneklasen Associates, Inc. and dated April 24, 2024.
Recessed Windows. The applicant shall construct all exterior facing windows with a minimum 2-inch recess from the window frame.
Restriction Regarding Gates. The applicant shall not be permitted to install any gate, fence, and/or wall at the western driveway area along the San Bernardino Ave. for the purposes of controlling vehicular and pedestrian access.
DEVELOPMENT SERVICES DEPARTMENT – BUILDING & SAFETY DIVISION This project must comply with 2022 California Building Codes The undergrounding of utility facilities is required. (PMC 62-31) The design must be reviewed and stamped by an architect or engineer licensed in the State of California – (Business and Professions code Sections 5537, 5538 and 6737.1) A building permit shall be obtained for the proposed construction and site development. The design of the building shall comply with the 2022 California Building Codes.
All grading shall conform to the 2022 California Building Code, and all other relevant laws, ordinances and resolutions governing grading as adopted by the City of Pomona. The applicant shall obtain a grading permit from the Building & Safety Division prior to commencing any grading or site excavation.
Geotechnical and/or soils reports required in order to obtain a grading permit shall be submitted to the Building Official for review and approval prior to issuance of a grading permit. All grading shall be in conformance with the recommendations of the geothechnical/soils reports as approved by the City of Pomona.
All proposed work shall comply with the 2022 California Energy Code and all other relevant laws, ordinances and resolutions governing Energy conservation as adopted by the City of Pomona.
Proposed project shall comply with the 2022 California Green Building Standards Code and all other relevant laws, ordinances and resolutions governing sustainable design as adopted by the City of Pomona.
Project must comply with Bicycle Parking requirements as designated on the California Green Building Standards. Section 5.106.4. This include Short-term and Long-term bicycle parking Project must comply with EV Charging requirements as designated on the California Green Building Standards. Section 5.106.5.3 Project must comply with Grading and Paving requirements designated on the California Green Building Standards. Section 5.106.10. These include the following:
Swales
Water collection and disposal systems.
French drains.
Water retention gardens.
Other measures which keep surface water away from other buildings and aid in ground water recharge.
Exception: Additions and alterations not altering the drainage path.
Proposed project shall be sprinklered and comply with all other relevant laws, ordinances and resolutions governing residential sprinklers as adopted by the City of Pomona.
Separate demolition permit will be required. NOTE: AQMD clearance report for the abatement of asbestos containing material required prior to the issuance of demolition permit.
Development Impact Fees shall be according to Ordinance #4309 and Resolution #’s 2021-57 & 2021-89. For more information contact The Department of Planning (909) 620-2191 Building Department comments and conditions are subject to plan check. Comments are based on information provided.
Fence and wall plan shall be required.
PUBLIC WORKS DEPARTMENT
Improvement plans requirements
Applicant/Developer shall submit the grading, drainage and erosion control plans for review and approval by the Public Works, Planning and Building and Safety Departments.
The plans shall be a minimum of 1” = 10’ scale to clearly show all the details; the plans shall be submitted on 24” x 36” sheet size with a standard City title block.
One-foot topographic contours of the site must extend a minimum of 15 feet beyond the boundary lines.
The plans shall include sufficient cross sections to show all block wall locations, parkway width and all permanent facilities that might require maintenance and access easements.
Drainage configurations on the existing adjacent properties shall not be altered, redirected or modified in any way.
No double walls/fencing along the property boundary are allowed.
Prior to issuance of the grading permit the Applicant/Developer shall submit written notifications to the (non-City) property owners as indicated on the Development Plan Review [DPR] meeting notification list regarding the direct and indirect impact associated with the proposed construction. The notification shall include a statement confirming that the existing public services (sewer, water, storm drain) to adjacent property owners will not be affected by the proposed development and outline the City approval process (City review, public notification, DPR approval, plans on record, etc.). The proposed development shall accept the conveyance of the existing offsite drainage.
Prior to the issuance of the grading permit the Applicant/Developer shall provide non-interference letters from all applicable utility agencies for all utility easements located within the areas subject to grading activities. All such documents shall be subject to review and approval by the City Engineer.
Prior to issuance of the grading permit, the Applicant/Developer shall submit a soils and geologic report to address the soil’s stability and geological conditions of the site.
Applicant/Developer shall prepare a detailed hydrology study based on a 50-year storm event and a hydraulic analysis of the existing and proposed drainage conveyance capacity. The Developer is responsible to comply with the approved hydrology/hydraulic study recommendations necessary to meet minimum Federal, State, County and City requirements. The hydrology/hydraulic study shall be approved prior to the approval of the grading plan.
Prior to issuance of the grading permit Applicant/Developer shall develop and obtain the City approval of the final Standard Urban Stormwater Mitigation Plan (SUSMP) for the proposed project. The project involves a Significant Redevelopment that adds or replaces 5,000 or more square feet of impervious surface and is therefore classified as a Priority Project in accordance with the Los Angeles Region NPDES Permit No. CAS004004, Order No. R4-2021-0105. The SUSMP shall be prepared in accordance with the City of Pomona's Low Impact Development (LID) Ordinance, the City of Pomona's Green Streets Policy and the Los Angeles Region NPDES MS4 Permit No. CAS004004, Order No. R4-2021-0105, which includes:
Site Design BMPs;
Source Control BMPs; and
Treatment Control BMPs.
Applicant/Developer shall utilize the County of Los Angeles Department of Public Works Low Impact Development Standards Manual (published February 2014) as a guidance document for the design of applicable Best Management Practices (BMPs) proposed for the project and for the elements that are required to be included in the SUSMP. The site geotechnical investigations shall comply with the Los Angeles County Guidelines GS200.1, 6/30/2021 Revision.
Post-construction Structural and/or Treatment Control BMPs, shall be designed to mitigate (infiltrate or harvest and use) storm water run-off from the 85th percentile 24-hour rain event or 0.75-inch, 24-hour rain event, whichever is greater. The comparison must be provided in the SUSMP.
Applicant/Developer shall utilize the County of Los Angeles Department of Public Works' HydroCalc program described in the LID Manual to calculate these design flows and volumes. The program download can be found at http://dpw.lacounty.gov/wrd/publication/.
Applicant/Developer shall implement Good Housekeeping BMPs for the site to ensure that pollutants are not discharged to the municipal storm drain system during construction and throughout occupancy.
The project involves soil-disturbing activities in excess of 1 acre therefore it is subject to the State General Construction Permit (Order No. CAS000002/SWPPP).
Prior to the issuance of the grading permit, Applicant/Developer shall submit public street improvement plans to include the following items and are responsible for the construction thereof:
Two (2) new driveway approaches, (1) one on Towne Avenue and (1) one on San Bernardino Avenue, per City standards and ADA requirements. Unobstructed visibility shall be ensured at all intersections and driveways along and adjacent to the project boundaries.
Removal of the San Bernardino Avenue driveway approaches, total of two (2).
New sidewalk, curb and gutter to replace the aprons proposed for removal and all damaged and/or cracked sections along Towne and San Bernardino Avenues lot frontages.
In the event that project related hardscape, wet and/or dry utility street pavement cuts are needed along the property frontages, repaving shall occur in accordance with the City standard A-26-02, and at the minimum as follows:
On San Bernardino Avenue: ARHM (Asphalt Rubberized Hot Mix) overlay paving (Case III paving moratorium).
On Towne Avenue: PCC (Portland Cement Concrete) new panels within traffic lane #2, to replace all cracked, damaged PCC sections; the panels shall be dowelled in; use rapid set concrete and metal plating to allow for min. 48 hours of concrete curing.
Street Lights - To address site access safety and required City standard upgrades, the following are required:
A lighting analysis must be prepared and submitted to the Public Works Department for review and approval. The study area will be along Towne Avenue, from I-10 to San Bernardino Avenue and along San Bernardino Avenue, from Towne Avenue to Gibbs Street, to ensure the roadway illumination design meets the IES RP-8 requirements; the owner is responsible for the compliance (design & installation) with all mitigation measures along the lot frontages, per City standards.
Site runoff shall be intercepted on site and directed to the public storm drain system by use of parkway drains designed and built in compliance with the City standards. Stormwater sheet flow over the driveway approach is not allowed.
The parkway landscaped area:
Shall be designed to comply with the City standard A-34-11 (Intersection Sight Distance) and a note to this effect shall be added to the site plan.
Shall be sprinklered and maintained by the property owner, as required by the City's Municipal Code Section 46-496 and a note to this effect shall be added to the site plan.
San Bernardino Avenue: adjacent to the property line and in continuation to the proposed onsite landscaping improvements.
Towne Avenue: adjacent to the curb line; the existing gravel-filled planter shall be replaced with sod and trees, to match the landscaped parkway located south of San Bernardino Avenue. The proposed tree species shall be reviewed and approved by the City Arborist.
Existing sewer, water and storm drain infrastructure, including laterals.
Unobstructed visibility shall be ensured at all intersections and driveways along and adjacent to the project boundaries and a note to this effect shall be added to the public street improvement plan.
The boundary fencing shall comply with the City standard A-34-11.
No obstructions taller than 30 inches are allowed within the visibility triangles and within the sight distance restricted areas.
Access gates along San Bernardino Avenue, if applicable, shall be located 20 feet beyond the property line.
Undergrounding of all existing and proposed overhead utility lines located along the property frontages shall conform with the City of Pomona Municipal Code Section 62-31(b) and a note to this effect shall be added to the public street improvement plan.
It is the owner's and the contractor's responsibility to repair all damage to the existing public improvements due to the proposed construction activities and to address all repairs requested by the Public Works Inspector based on the inspector's review of the current condition of the said public improvements and a note to this effect shall be added to the public street improvement plan.
The property abutting sidewalk, parkway and alley, as applicable, shall be maintained free of weeds, rubbish and refuse by the property owner, as required by the City’s Municipal Code Section 18-261 and a note to this effect shall be added to the public street improvement plan.
The demolition or relocation of any public improvements (street lights, signs, trees, vaults, catch basins, hydrants, etc.) due to the proposed project construction must be coordinated and agreed upon by the appropriate City departments, shall be designed per City standards and applicable ADA requirements, and must be reviewed and approved by Public Works Engineering Department.
Applicant/Developer shall identify the existence of all City utilities that may be in conflict with the development and submit protection measures to the City Engineer for those City utilities.
If future placement of permanent structures conflicts with location of existing public utilities (water, sewer and storm drain), then improvement plans proposing the relocation or abandonment of identified utilities must be submitted, reviewed and accepted by the Public Works Department. No public utility infrastructure shall be removed or modified as part of the onsite demolition plan approved by the Building and Safety Department.
Parking Restrictions.
The Applicant/Developer shall include the following provisions in future rental agreements and Covenant, Condition and Restrictions (CC&Rs):
A rule indicating that garages are the primary parking area for residents and are to be kept sufficiently clear to park the number of vehicles for which they are designed (i.e., a two-car garage must be able to park two cars).
A rule indicating that residents may not park in guest parking spaces.
Enforcement measures, including fines and the requirement for residents to allow inspection of garage units by the Homeowners’ Association (HOA) or property management.
Install a red curb for 110-lineal feet west of the existing driveway along San Bernardino Ave. “No Parking” signs.
The Applicant/Developer shall install no less than four (4) “No Parking” signs along Towne Ave. for the entire project frontage.
The Applicant/Developer shall install no less than three (3) “No Parking” signs along San Bernardino Ave. for the entire project frontage.
Prior to the issuance of a Certificate of Occupancy, the applicant shall coordinate with staff to incorporate recommendations, as necessary, from a parking management plan for the purposes of preventing overflow parking from the project site unto the public right-of-way in the immediate vicinity of the project area.
Prior to issuance of the building permits applicant/developer is responsible for paying the development tax associated with the proposed project.
Prior to issuance of the building permits, Applicant/Developer is responsible for paying the project's impact fees for traffic signals and control devices, road and highway improvements, public safety improvements and parks.
Prior to the issuance of the building permits, Applicant/Developer is responsible for the payment of any/all applicable City water, sewer and stormdrain impact fees and shall make proof of payment of the Los Angeles County Sanitation District fees associated with the proposed development.
Owner is responsible for the compliance with the special annual levy assessment derived from the current inclusion of the project site into the City’s Street Lighting District and Landscaping Maintenance District. The Developer shall disclose to any future buyers that the property is within the City of Pomona Lighting and Landscaping District and is subject to annual special taxes.
The final improvement plans, as shown on the Mylar, shall be provided to the City in both hard copy and electronic in AutoCAD v. 2010. Following construction and prior to acceptance of the improvements by the City, the project engineer shall provide hand drafted "AS BUILT" corrections on the original approved Mylars of the final constructed improvements to the satisfaction of the City Engineer. A corrected "AS BUILT" plan shall also be provided to the City on disk in AutoCAD v. 2010 and .pdf formats.
The plans shall be submitted on 24” x 36” sheet size with a standard City title block, and must correctly identify the property owner, address, legal description, property lines, street centerline, curb-lines, existing and proposed utilities (water, sewer, and storm drain), utility easements, and the public right-of-way areas with dimensions.
Prior to the issuance of the Certificate of Occupancy Applicant/Developer is responsible for the project’s compliance with the USPS Delivery Growth Management Program; related information is available at https://about.usps.com/what-we-are-doing/current-initiatives/delivery-growth-management/residential-delivery.htm Public Works Improvements Permit
All work in the public right-of-way and City easements is subject to review, approval, and permitting requirements of Public Works Department.
Prior to the issuance of the building permits, or of the offsite improvements permits or prior to the approval of the tract map, whichever occurs first, Applicant/Developer shall post surety bonds for all public improvements, including but not limited to: driveway approaches, sidewalk, curb and gutter, street paving, existing and proposed overhead lines undergrounding, sewer, water, storm drain, street lights and parkway landscaping improvements.
Permittee shall procure and maintain throughout the period of the Permit the following policies of insurance:
Commercial General Liability;
Automobile Liability;
Worker’s Compensation as required by the State of California; Note: The Commercial General Liability and the Automobile Liability policies shall include the City of Pomona as additional insured.
Permittee shall pay fees associated with and possess the City of Pomona Business License.
Changes and additions to the proposed work, including but not limited to detail plans for street improvement work, water plans and/or other work associated with this project and due to developer’s or City’s request shall require additional conditions to be completed by the applicant.
WATER RESOURCES DEPARTMENT
Water
The site is within the City of Pomona’s water service area, in Hydraulic Zone 2.
There is an existing 8-inch (ACP) City Asbestos Cement Pipe water main located on the east side of Towne Avenue (City Drawing No. CO-1144).
There is an existing 16-inch City steel water transmission main located on the east side of Towne Avenue and a 30-inch MLCSP water transmission main on the west side of Towne and shall not be used for this project.
There is an existing 12-inch City Ductile iron water main located on the north side of San Bernardino Road (City Drawing No. CO-3179) and a 12-inch Steel water main on the south side of San Bernardino Road (City Drawing No. CO-1212) There is an existing 1”-inch water service with 1-inch water meter serving the property. The water improvement plan shall specify if the existing service line and meter will remain or be abandoned.
Static water pressure at the site is approximated at 95-105 psi at an elevation of 955 feet. A fire hydrant flow test may be requested via the Public Works Department to verify water pressure.
There is an existing fire hydrant on the north east corner of Towne at San Bernardino Road approximately 125 feet east of the site and an existing fire hydrant on the east side of Palomares Street approximately 90 feet south of the site.
A hydraulic analysis shall be conducted to verify the projected water demand for the proposed improvements can be accommodated by the City’s existing water infrastructure. At a minimum, analysis shall include water calculations for domestic, irrigation, and fire flow demands. Calculations and reports shall be submitted to WRD for review.
The site shall be served by an above-ground master domestic water meter located within a security cage per City Standard Drawings 13A through 13C. Please work with City Planning Division for aesthetic requirements for the security cage.
Water meters up to two inches (2”) in size shall be installed by the City. Water meters three inches (3”) and larger shall be installed by the Contractor. Contact WRD at 909-620-2283 or [email protected] for information regarding water service and meter installation fees.
The existing domestic water service may be repurposed if water calculations show that it is able to support the proposed irrigation system with adequate backflow prevention.
Contact Los Angeles County Fire Department (LACoFD) to determine fire flow demand for the property, location and number of fire hydrants, and fire sprinkler system requirements. A copy of Fire Department conditions and requirements shall be provided to WRD.
As required by LACoFD, new fire hydrants shall be installed per City Standard Drawing 2 and 2A and shall be located at least 5 feet (5’) from new or existing driveways and parking stalls.
Backflow devices shall be low-lead (0.25%) and identified on the “USC List of Approved Backflow Prevention Assemblies”. Product information (manufacturer, model, size) shall be supplied to the City prior to installation. Backflow devices are required as follows.
Domestic water services shall be equipped with a reduced pressure principle backflow assembly downstream of the meter.
Irrigation water services shall be equipped with a reduced pressure principle backflow assembly downstream of the meter.
Fire protection services shall be equipped with a double check detector assembly (DCDA) per City Standard Drawing 14.
A minimum 15-foot wide easement will be required for new hydrants, backflow assemblies, and water meters within the property. Any on-site public system shall be required to provide the full width of road as a utility easement.
A civil plan for the proposed water system improvements will be required and must be prepared by a Professional Engineer registered in the State of California. The water plan shall include new services, meters, and backflow devices, with details for proposed connection(s) to the existing water main and water easements required.
All newly installed water lines shall be disinfected per the City of Pomona Water Division Standard Specifications for Water Facility Construction (January 2006) before connection to the existing water main.
WASTEWATER
The site is within the City of Pomona’s wastewater service area.
There is an existing 12-inch City VCP wastewater main located on Towne Avenue (City Drawing No. FB-670).
There is an existing 16-inch City VCP wastewater main located on San Bernardino Road (City Drawing No. FB-628).
There are two 12-inch LA County Sanitation District wastewater mains located along San Bernardino Road (LACSD Drawing No. 21-P-28 and 21-P-10). Any connections to these wastewater pipes shall be submitted to the County for review and approval. A construction permit from the City of Pomona PW will also be required for working in the city right-of-way.
There are existing 4-inch VCP sewer lateral serving the property that shall be cut and capped as close to the sewer main as practicable and no more than five feet (5’) from the main. The sewer lateral shall also be cut and capped five feet (5’) from the building envelope.
A sewer study shall be conducted to verify the projected sewer flows for the proposed improvement can be accommodated by the City’s existing wastewater infrastructure. Analysis shall include water discharge calculations based on fixture units and a flow meter field test (at a location approved by WRD) to determine the available capacity of the existing sewer system.
Calculations and reports shall be submitted to WRD for review.
New sewer laterals shall be installed per City Standard Drawings S5 and S6.
Sewer main and lateral separation distances from water mains and services shall comply with the requirements of California Code of Regulations (CCR), Title 22.
A civil plan for the proposed sewer improvements will be required and must be prepared by a Professional Engineer registered in the State of California. The sewer plan shall include plan and profile for proposed public sewer main(s) and lateral(s) with details for proposed connection(s) to the existing sewer main.
STORMWATER
There is no public stormwater infrastructure within the immediate vicinity of the site.
Calculations for stormwater discharge rates to public right-of-way shall be provided for the proposed development.
A copy of the Hydrology Study and Conceptual Grading Plan shall be submitted to Public Works shall also be submitted to WRD.
LOS ANGELES COUNTY FIRE DEPARTMENT
Water
All hydrants shall measure 6"x 4"x 2-1/2" brass or bronze, conforming to current AWWA standard C503 or approved equal.
Vehicular access must be provided and maintained serviceable throughout construction to all required fire hydrants. All required fire hydrants shall be installed, tested, and accepted prior to construction.
Establish Covenants, Conditions, and Restrictions (CC&Rs) which grant the Consolidated Fire Protection District of Los Angeles County (Fire District), or other agencies as agreed to by the Fire District.
An approved automatic fire sprinkler system is required for the proposed buildings within this development. Submit design plans to the Fire Department Sprinkler Plan Check Unit for review and approval prior to installation.
Install 4 new public fire hydrants. Locations: As indicated on the tentative Map.
The required fire flow is 2,000 gpm for 2hours at 20 psi.
SECTION 5. The Secretary shall certify to the adoption of this Resolution and forward the original to the City Clerk.
PASSED AND APPROVED THIS 26TH DAY OF JUNE, 2024
______________________________________
ALFREDO CAMACHO
PLANNING COMMISSION CHAIRPERSON
ATTEST:
______________________________________
ATA KHAN
PLANNING COMMISSION SECRETARY
APPROVED AS TO FORM:
______________________________________
MARCO A. MARTINEZ
DEPUTY CITY ATTORNEY
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF POMONA )
AYES: CAMACHO, KERCHEVAL, ONTIVEROS, UREY, VANDERMOLEN NOES: NONE
ABSTAIN: NONE
ABSENT: MIRANDA MEZA
Pursuant to Resolution No. 76-258 of the City of Pomona, the time in which judicial review of this action must be sought is governed by California Code of Civil Procedure Section 1094.6.
PC Resolution No. 24-011
Development Plan Review (DPR-021499-2023)
1707 N. Towne Avenue
Page PAGE 20 of NUMPAGES 24
Attachment No. 3