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Attachment No. 1 - Draft CC Resolution No. 2026-103

City Council / Housing Authority
September 14, 2026

Document
Attachment No. 1 - Draft CC Resolution No. 2026-103
Meeting
September 14, 2026
Body
City Council / Housing Authority
Original file
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Text extracted from the city's file for reading and search. Open the original on pomona.legistar1.com. That file is the official record.

RESOLUTION NO. 2026-103
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, APPROVING THE DEVELOPMENT OF A CITY-INITATED SIXTEEN-UNIT PERMANENT SUPPORTIVE HOUSING PROJECT LOCATED AT 2040 N. GAREY AVENUE (APN: 8362-002-904, -906) WHEREAS, the City Council of the City of Pomona, at its regularly scheduled public meeting of November 3, 2025, approved the acceptance of a Tri-City Mental Health Services Act Funding in the amount of $4,448,850 with a 7-0 vote; WHEREAS, the City Council of the City of Pomona, at its regularly scheduled public meeting of March 16, 2026, approved the sole source purchase with LifeArk SPC for the acquisition of prefabricated modular housing units for the development of permanent supportive housing; WHEREAS, the City Council of the City of Pomona, at its regularly scheduled public meeting of April 6, 2026, approved the amendment of the FY 2025-2026 operating budget for Tri-City Mental Health Service Act Funding and creation of a new Capital Improvement Project (CIP) for 2040 N. Garey Avenue; WHEREAS, the City Council of the City of Pomona, at its regularly scheduled public meeting of April 6, 2026, approved a construction contract with Angeles Contractor Inc. in the amount of $2,773,405 for the construction of site improvements and installation of prefabricated modular housing units for the development of permanent supportive housing; WHEREAS, the applicant, City of Pomona, has filed an application for the installation of sixteen (16) modular units and on-site improvements on City-owned property located at 2040 N. Garey Avenue; WHEREAS, the subject site is currently zoned within the Pomona Corridor’s Specific Plan (PCSP) “Workplace Gateway Segment” and designated “Neighborhood Edge” by the City’s General Plan; WHEREAS, in accordance with Section 100.E.7. of the Pomona Zoning and Development Code and Section 2.0 of the Pomona Corridor’s Specific Plan, the provisions of the Code do not apply to any buildings, improvements, lots, or premises that are owned, leased, operated, or controlled by the City, therefore a Development Plan Review is not required; WHEREAS, the City Council of the City of Pomona has, after giving notice thereof as required by law held a public hearing on September 14, 2026, concerning the requested Development Plan Review; and WHEREAS, the City Council has carefully considered all pertinent testimony and the staff report offered on the case as presented at the public hearing.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Pomona as follows:

SECTION 1. Based upon the facts and information contained in the application, together with all written and oral reports included for the environmental assessment for the application, the City Council finds that the proposed project is exempt from further environmental review pursuant to State CEQA Guidelines, Section 15332 (In-Fill Development) based on the following findings of fact:

In 2014, the City of Pomona adopted a Final Environmental Impact Report (EIR) associated with the discretionary project, which analyzed the environmental impacts of the City of Pomona’s General Plan Update (GPU), Corridors Specific Plan, Active Transportation Plan, and Green Plan. In conjunction with the certification of the GPU and PCSP EIR, a Mitigation Monitoring and Reporting Program (MMRP) was adopted. The proposed project site was previously studied under this Certified Final EIR.

Pursuant to the provisions of CEQA (Public Resources Code, Section 21084 et. seq.), the guidelines include a list of classes of projects which have been determined not to have a significant effect on the environment and which shall, therefore, be exempt from the provisions of CEQA. Section 15332 (In-Fill Development Projects) exempts projects characterized as in-fill development meeting conditions described in this section. These conditions and their applicability to the proposed project are outlined as follows:

The project is consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations.

The density, design, and infrastructure plan of the proposed development are consistent with the General Plan place type of Neighborhood Edge, adopted Specific Plan, and all applicable regulations.

The proposed development occurs within city limits on a project site of no more than five acres substantially surrounded by urban uses.

The proposed project site is within the City of Pomona boundary, is approximately 27,741 square feet (0.63 acres), and is surrounded by urban uses including multi-family residential units, medical offices, general offices, and commercial uses.

The project site has no value as habitat for endangered, rare or threatened species.

The proposed project site is not identified in the adopted 2014 GPU Final EIR as a biological resource for threatened or endangered species nor is located within a Significant Ecological Area as designated by the County of Los Angeles. Additionally, the project is located on a developed site. Thus, the project site has no value as habitat for endangered, rare or threatened species.

Approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality.

Based on the adopted 2014 GPU Final EIR, the proposed project does not exceed the thresholds of significance outlined in Chapter 4, Environmental Impact Analysis related to traffic, noise, air quality, or water quality. Furthermore, a preliminary soils report concluded that the site is suitable for residential development.

The site can be adequately served by all required utilities and public services.

As conditioned by the City of Pomona Public Works Department the site will be adequately served by all required utilities and public services.

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. The City Council hereby approves this City Initiated Project, subject to compliance with the addition of the following conditions.

PLANNING
General Conditions
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 City Council on September 14, 2026, and as illustrated in the stamped approved plans dated September 14, 2026. 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 two (2) years from the date of this approval (September 14, 2026), in accordance with PCSP Section 2.0.5.A(6). The Planning Division may extend this period for a maximum of two, one (1) year extensions upon receipt of an application for a Time Extension request submitted by the applicant at least thirty (30) days before the expiration date of this approval, consistent with PCSP Section 2.0.5(A)6.

Plan Check
Conditions of Approvals on Plans. Prior to plan check submittal, the applicant shall include all conditions of approval from CC Resolution No. 2026-103 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 this 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. Any proposed signs shall be consistent with PCSP Section 2.9.

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 this review. The landscape design shall comply the State Model Water Efficient Landscape Ordinance, landscape requirements in the PCSP, and applicable portions of the Pomona Zoning and Development Code.

The applicant shall identify a pedestrian gate along the northern wall of the property.

The applicant shall install and identify the location of security cameras throughout the development and parking lot area in the plans.

The submitted plans shall demonstrate a 25-foot wide swing gate for pump station access along the southern property line of the site.

The submitted plans shall replace the proposed wheel stops along the southern property line with a curb to prevent storm-water runoff onto the neighboring property.

At the time of plan check submittal, the applicant shall provide Planning with a photometric plan for the proposed development.

Site Development & Maintenance
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.

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 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.

COUNTY OF LOS ANGELES FIRE DEPARTMENT—FIRE PREVENTION ENGINEERING SECTION—FIRE PREVENTION BUREAU Review and approval by the County of Los Angeles Fire Department, Fire Prevention Engineering Section Building Plan Check Unit is required for this project prior to building permit issuance. Contact the Fire Prevention Engineering Unit at 909 569-0758 for additional Fire Department requirements and EPICLA submittal instructions.

SOLID WASTE
In consideration of the project’s overall size and anticipated use, the following waste service configuration is recommended to align with operational needs and ensure compliance:

Trash: 1 bin, 3 YD bin size, serviced 1 time per week
Recycle: 1 bin, 2 YD bin size, serviced 1 time per week Organic: 1 bin, 64 GAL bin size, serviced 1 time per week

PUBLIC WORKS
Regulation and Fees: The Developer shall comply with all conditions of approval, complete required public improvements, and pay all related fees in accordance with City Standards, the City’s current fee schedules, and all applicable laws and regulations. Applicable codes include but are not limited to: California Subdivision Map Act, all applicable City of Pomona ordinances and resolutions, City of Pomona Water Code, City of Pomona Standard Drawings and Fee Schedule, Construction Standard Specifications for Public Works Construction, Los Angeles County Department of Public Health requirements, California Code of Regulations, Title 22, and the California Department of Transportation Highway Design Manual.

Licensed Professionals: All required plans, studies, and calculations shall be performed by a registered civil engineer or other registered/licensed professional as required and submitted for review and approval by the Engineering Division of the Public Works Department.

Improvement Plans
Grading: Applicant/Developer shall submit the grading, drainage, and erosion control plans for review and approval by the Public Works, Planning, and Building & Safety Departments.

Plans shall be a minimum of 1" = 10' scale to clearly show all details; plans shall be submitted on 24" x 36" sheet size with standard City title block.

One-foot topographic contours of the site must extend a minimum of 15 feet beyond property boundary lines.

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 adjacent properties shall not be altered, redirected or modified in any way.

Stormwater sheet flow over the driveway approach is prohibited.

Notification to Neighbors: Prior to issuance of the grading permit or the demolition of existing structures, the Applicant/Developer shall submit written notifications to neighboring (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 that includes:

An outline the City approval process (City review, public notification, City Council approval, plans on record, etc.).

Confirmation that existing public services (sewer, water, storm drain, etc.) to adjacent property owners will not be affected by the proposed development.

Confirmation that the proposed development shall accept the conveyance of any existing offsite drainage.

Non-interference Letters: 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.

Soils Report: Prior to issuance of the grading permit, the Applicant/Developer shall submit a soils and geologic report to address the soil’s stability, infiltration rate, and geological conditions of the site.

Hydrology/Hydraulics Report: 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.

Stormwater Mitigation: 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.

Public Street Improvement Plans: Concurrent with the submittal of the grading plans, Applicant/Developer shall submit public street improvement plans to include the following items and is responsible for the construction thereof:

Garey Avenue:

Based on project related hardscape, wet and/or dry utility pavement cuts, Asphalt Rubberized Hot Mix (ARHM) overlay paving shall be constructed in accordance with City Standard A-26-02 Construction of a new alley intersection on Garey Avenue per City standard A-5-06 and ADA requirements, if necessary.

Ensure unobstructed visibility at the proposed alley intersection per City standard A-34-11.

Alley
Repave the entire portion of the alley. Beginning at Garey Avenue to the easterly property line (approximately 450 ft) of parcel APN 8362-002-906 per City standard A-5-06.

Street Landscaping:

The parkway landscaped area along the Garey Avenue project frontage shall be designed and installed in compliance with the “Workplace Gateway Segment” requirements of the Pomona Corridors Specific Plan The parkway landscaped area shall be designed and installed to comply with City Standard A-34-11and a note to this effect shall be added to the public street improvement plan.

The parkway landscaped area shall be 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 public street improvement plan.

Site runoff shall be intercepted on site and directed to the public storm drain system via parkway drains, designed and constructed in compliance with City Standards. Stormwater sheet flow over the driveway approach is prohibited.

Existing and proposed sewer, water, and storm drain infrastructure, including laterals and easements.

Ensure unobstructed visibility at all intersections and driveways along the project boundaries, and a note to this effect shall be added to the public street improvement plan.

Boundary fencing shall comply with City Standard A-34-11.

No obstructions taller than 30 inches are permitted within the visibility triangles and within sight distance restricted areas.

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 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 City’s Municipal Code Section 18-261 and a note to this effect shall be added to the public street improvement plan.

Demolition and Relocation of Public Infrastructure Elements: The demolition or relocation of any existing public improvements (streetlights, signs, trees, vaults, catch basins, hydrants, etc.) due to the proposed project:

Must be coordinated and agreed upon by the appropriate City departments.

Shall be designed per City Standards and applicable ADA requirements.

Must be reviewed and approved by the Engineering Division of the Public Works Department.

Existing Public Utilities:

Applicant/Developer shall identify all existing City utilities that may conflict with the proposed development and submit utility protection measures to the City Engineer for approval.

If future placement of permanent structures conflicts with the 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 may be removed or altered as part of any onsite demolition plan.

Traffic:

Applicant/Developer shall demonstrate proper access and circulation for the proposed site plan with applicable turning templates for ingress and egress for the site and parking spaces.

Provide a signing & striping plan for onsite parking lot layout.

Plan Submittals: Plans shall be submitted in electronic PDF format 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 public right-of-way areas with dimensions.

Final Approved Plans: The final improvement plans shall be provided to the City in electronic PDF format. Following construction and prior to acceptance of the improvements by the City, the project engineer shall provide "AS BUILT" corrections on the City-approved PDF of the final constructed improvements to the satisfaction of the City Engineer. A corrected, "AS BUILT" plan shall also be provided to the City in PDF format.

Plans must be properly oriented (Most PDF Plans should be landscape, and the title block can be read without rotating the plan).

The signature block must be located in the exact same location on each sheet.

Use standard, true-type fonts that are easy to read. Avoid any italics, unfilled outlines, or fonts that replicate handwriting.

Plans must be saved at full size and “to-scale”.

Do NOT submit “password-protected” or “locked” documents.

Flatten and purge the drawing layers in CAD before creating the PDF.

Combine all sheets into one file.

USPS: 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. Additional information is available at HYPERLINK "https://about.usps.com/what-we-are-doing/current-initiatives/delivery-growth-management/residential-delivery.htm"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 the Public Works Department.

Bonds: Prior to the issuance of building permits or the approval of public improvement plans, whichever occurs first, Applicant/Developer shall post surety bonds for all public improvements, including but not limited to: Water, sewer, storm drains, street paving and striping, alley repaving, curb and gutter, sidewalk, alley approach, drainage and parkway improvements, parkway landscaping, street lighting, traffic improvements, and undergrounding of utilities.

Insurance: Permittee shall procure and maintain throughout the period of the Permit the following policies of insurance:

Commercial General Liability, with City of Pomona as additional insured.

Automobile Liability, with City of Pomona as additional insured.

Worker’s Compensation as required by the State of California.

Business License Fees: Permittee shall pay fees associated with and possess a City of Pomona Business License.

Traffic Control Plans: Permittee shall have approved traffic control plans prior to scheduling a pre-construction meeting.

Changes to Scope of Work: 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/Developer.

SECTION 6. The City Clerk shall attest and certify to the passage and adoption of this Resolution, and it shall become effective immediately upon its approval.

PASSED, APPROVED AND ADOPTED this 14th day of September, 2026.

CITY OF POMONA:
______________________________
Tim Sandoval
Mayor
APPROVED AS TO FORM: ATTEST:
________________________________ ______________________________ Sonia Carvalho Karla Shipman, CMC
City Attorney Acting City Clerk
I, HEREBY CERTIFY that the foregoing resolution was duly adopted by the City Council of the City of Pomona at a regular meeting thereof held on September 14, 2026, by the following vote of the Council:

AYES:

NOES:

ABSTAIN:

ABSENT:

Karla Shipman, CMC
Acting City Clerk
Resolution No. 2026-103
September 14, 2026
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Resolution No. 2026-103
September 14, 2026
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