Part 11 — ADMINISTRATION

Sec. 1100. Authority .....................................................................................................................11-4 1100.A. Summary of Review Authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11-4 1100.B. City Council . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11-6 1100.C. Planning Commission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11-6 1100.D. Historic Preservation Commission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11-6 1100.E. Director of Development Services. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11-7 1100.F. Zoning Administrator . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11-7 Sec. 1110. Application Filing and Processing ..........................................................................11-9 1110.A. Purpose. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11-9 1110.B. Applicability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11-9 1110.C. Applications and Fees. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11-9 1110.D. Application Processing Procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11-11 1110.E. Environmental Review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11-18 1110.F. Time Limits and Extensions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11-19 1110.G. Applicant Failure to Complete Application Processing . . . . . . . . . . . . . . . . . . 11-21 1110.H. Limitations on Application Refiling . . . . . . . . . . . . . . . . . . . . . . . . . . . . .11-22 1110.I. Indemnification. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .11-23 Sec. 1120. Public Hearings .......................................................................................................11-24 1120.A. Purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .11-24 1120.B. Applicability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .11-24 1120.C. Public Hearing Notices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .11-24 1120.D. Request for Notification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .11-26 1120.E. Failure to Receive a Public Notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .11-26 Sec. 1130. Appeals ......................................................................................................................11-27 1130.A. Purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .11-27 1130.B. Applicability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .11-27 1130.C. Appeals. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .11-27 Sec. 1140. Performance Guarantees ......................................................................................11-29 1140.A. Purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .11-29 1140.B. Applicability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .11-29 1140.C. Surety Form and Amount. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .11-29 1140.D. Surety for Maintenance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .11-29 1140.E. Duration of Surety . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .11-29 1140.F. Release or Forfeiture of Surety . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .11-30

e. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .11-29 1140.E. Duration of Surety . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .11-29 1140.F. Release or Forfeiture of Surety . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .11-30

Pomona, California | Zoning & Development Code

Adopted July 1, 2024

11-1

Sec. 1150. Legislative Review ...................................................................................................11-31 1150.A. Purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11-31 1150.B. Applicability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11-31 1150.C. Development Agreements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11-31 1150.D. Zoning and Development Code Amendment . . . . . . . . . . . . . . . . . . . . . . .11-33 1150.E. General Plan Amendment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .11-34 1150.F. Zone Change. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .11-37 1150.G. Specific Plan Amendment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .11-38 Sec. 1160. Discretionary Review .............................................................................................11-39 1160.A. Purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .11-39 1160.B. Applicability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .11-39 1160.C. Billboard Relocation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .11-39 1160.D. Conditional Use Permit. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .11-40 1160.E. Temporary Use Permit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .11-46 1160.F. Variance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .11-47 1160.G. Development Plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .11-48 1160.H. Wireless Telecommunications Facility Permit . . . . . . . . . . . . . . . . . . . . . . . 11-51 Sec. 1170. Administrative Review ............................................................................................11-59 1170.A. Purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .11-59 1170.B. Applicability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .11-59 1170.C. Ministerial Permit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .11-59 1170.D. Alternative Compliance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11-61 1170.E. Director Determination . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .11-62 Sec. 1180. Subdivision Review .................................................................................................11-63 1180.A. Purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .11-63 1180.B. Applicability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .11-63 1180.C. Certificate of Compliance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .11-63 1180.D. Final Map and Parcel Map . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .11-63 1180.E. Map Correction and Amendment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .11-64 1180.F. Parcel Map Waiver . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .11-64

and Parcel Map . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .11-63 1180.E. Map Correction and Amendment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .11-64 1180.F. Parcel Map Waiver . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .11-64

11-2 Zoning & Development Code | Pomona, California

Adopted July 1, 2024

Sec. 1190. Historic Preservation Review ................................................................................11-65 1190.A. Additional Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .11-65 1190.B. Designation of Local Historic Landmarks, Districts and Points of Historical Interest . .11-65 1190.C. Determination of Historic Eligibility . . . . . . . . . . . . . . . . . . . . . . . . . . . . .11-68 1190.D. Certificates of Appropriateness . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .11-68 1190.E. Certificate of Economic Hardship . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .11-70 1190.F. Certificate of Deconstruction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .11-72 1190.G. Mills Act Contract . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .11-73 Sec. 11100. Nonconformities ...................................................................................................11-75 11100.A. Purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .11-75 11100.B. Intent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .11-75 11100.C. Applicability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .11-75 11100.D. Nonconforming Uses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .11-76 11100.E. Nonconforming Structures and Improvements . . . . . . . . . . . . . . . . . . . . . .11-78 11100.F. Calculation of Time . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .11-79 11100.G. Compliance with Other Laws. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .11-79 11100.H. Relief . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .11-79 11100.I. Form Exceptions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .11-80 11100.J. Frontage Exceptions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11-81 11100.K. Use Exceptions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .11-86 11100.L. Site Exceptions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .11-87 11100.M. Street Exceptions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .11-87 Sec. 11110. Violations and Enforcement ............................................................................... 11-88

ions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .11-87 11100.M. Street Exceptions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .11-87 Sec. 11110. Violations and Enforcement ............................................................................... 11-88

Pomona, California | Zoning & Development Code

Adopted July 1, 2024

11-3

Part 11 | Administration

Summary of Review Authority

Sec. 1100. Authority

1100.a. Summary of Review Authority

The California Government Code (Sec. 65100) provides that each city and county establish a planning agency with the powers necessary to carry out the planning and zoning functions of the jurisdiction. The purpose of this Part is to identify the bodies, commissions, committees, positions, boards, and departments responsible for carrying out the powers and duties of the planning agency. The following table summarizes the review and approval authority of various review bodies and officials that implement and administer this Zoning and Development Code.

==> picture [542 x 404] intentionally omitted <==

----- Start of picture text -----
Review and Approval Authority Public Notice
Review and Approval Process
LEGISLATIVE REVIEW
Development Agreement - - - R-PH D - Y - Sec. 1150.C
Zoning and Development Code Amendment R - - R-PH D-PH - Y - Sec. 1150.D
General Plan Amendment R - - R-PH D-PH - Y - Sec. 1150.E
Zone Change R - - R-PH D-PH - Y - Sec. 1150.F
Specific Plan Amendment R - - R-PH D-PH Y Y - Sec. 1150.G
DISCRETIONARY REVIEW
Billboard Relocation R - - D-PH A - Y - Sec. 1160.C
Conditional Use Permit R - - D-PH A - Y - Sec. 1160.D
Temporary Use Permit R - - D-PH A - Y - Sec. 1160.E
Variance R - - D-PH A - Y - Sec. 1160.F
Development Plan D - - A - - - - Sec. 1160.G
Wireless Telecommunications Facility Permit R - - D-PH A - Y - Sec. 1160.H
ADMINISTRATIVE REVIEW
Ministerial Permit R D - A - - - - Sec. 1170.C
Alternative Compliance R D - A - - - - Sec. 1170.D
Director Determination R D - A - - - - Sec. 1170.E
ZoningAdministrator Development Services Director Historic Preservation Commission Planning Commission City Council Mailed Published Posted Reference
----- End of picture text -----

KEY: R = Review/recommend; D = Final decision; -PH = Public hearing; A = Appeal;

Y = Required; - = Not applicable

11-4 Zoning & Development Code | Pomona, California

Adopted July 1, 2024

Part 11 | Administration

Summary of Review Authority

==> picture [542 x 361] intentionally omitted <==

----- Start of picture text -----
Review and Approval Authority Public Notice
Review and Approval Process
SUBDIVISION REVIEW
Certificate of Compliance R - - D-PH A - Y - Sec. 1180.C
Final Map and Parcel Map R - - - D-PH - Y - Sec. 1180.D
Map Correction and Amendment R - - D-PH A - Y - Sec. 1180.E
Parcel Map Waiver R - - D-PH A - Y - Sec. 1180.F
HISTORIC PRESERVATION REVIEW
Designation of Local Historic Landmarks, - - R-PH - D-PH Y - - Sec. 1190.B
Districts and Points of Historical Interest
Determination of Historic Eligibility R - D - A - - - Sec. 1190.C
Certificates of Appropriateness Sec. 1190.D
Minor D - A - - Y - -
Major R - D-PH - A Y - -
Certificate of Economic Hardship R - D-PH - A Y - - Sec. 1190.E
Certificate of Deconstruction R - D - A Y - - Sec. 1190.F
Mills Act Contract - - R - D - - - Sec. 1190.G
ZoningAdministrator Development Services Director Historic Preservation Commission Planning Commission City Council Mailed Published Posted Reference
----- End of picture text -----

KEY: R = Review/recommend; D = Final decision; -PH = Public hearing; A = Appeal;

Y = Required; - = Not applicable

Pomona, California | Zoning & Development Code

Adopted July 1, 2024

11-5

Part 11 | Administration

City Council

1100.B. City Council

1. General

The City Council, as authorized in the California Government Code and Part I o f the City Code, has the following powers and duties under this Code.

2. Review Authority

The City Council must have the authority to hear and decide on those application types established by the table in Sec. 1100.A. Summary of Review Authority and must have review and final authority on all appeals of Planning Commission or Historic Preservation Commission actions.

1100.C. Planning Commission

1. General

The Planning Commission, as authorized in the California Government Code and Part I and Chapter 2 of the City Code, has the following powers and duties under this Code.

2. Review Authority

The Planning Commission must have the authority to hear, recommend, and decide on those application types identified in Sec. 1100.A. Summary of Review Authority . In addition, the Planning Commission must have the authority to act upon an appeal of any order, requirement, permit, decision or determination concerning zoning, land use or development, made by an administrative or appointed official or body, such as the Development Services Director or Zoning Administrator.

1100.D. Historic Preservation Commission

1. General

The Historic Preservation Commission, as authorized in Chapter 2 of the City Code, has the following powers and duties under this Code.

2. Approval Authority

a. Review and Recommend

The Historic Preservation Commission is responsible for review and recommendation regarding:

1. Designation of local landmarks, local historic districts, and Points of Historical Interest;

2. Approval of Mills Act Contracts;

3. Establishment or modification to boundaries for Historic Districts (-H) as part of the designation of a local Historic District or landmark; and

4. Approval of Grants, loans, or other expenditures of money from the Historic Preservation Trust Fund (Sec. 800.C.13.) .

11-6 Zoning & Development Code | Pomona, California

Adopted July 1, 2024

Part 11 | Administration

Zoning Administrator

b. Approval

The Historic Preservation Commission is responsible for final action regarding:

1. Determination of Historic Eligibility;

2. Major Certificates of Appropriateness;

3. Certificates of Economic Hardship;

4. Certificates of Deconstruction;

5. Appeals of administrative decisions on Minor Certificates of Appropriateness; and

6. Establishment or modification to historic preservation design standards and guidelines.

1100.E. Director of Development Services

1. General

The Director of Development Services , as authorized in the California Government Code (Sec. 65100) has the following powers and duties under this Code.

2. Review Authority

The Director of Development Services must have the power and duty to review and make decisions on those application types identified in Sec. 1100.A. Summary of Review Authority .

3. Meetings

The Director of Development Services must adopt rules and procedures governing meeting business, conduct, and actions within the Director of Development Services' jurisdiction and setting timeframes for such meetings.

1100.F. Zoning Administrator

1. General

The Director of Development Services's designee fulfills the duties and responsibilities of the Zoning Administrator. The Zoning Administrator has the following powers and duties under this Code.

2. Membership

The Zoning Administrator position must be filled by the Development Services Director or the Zoning Administrator’s designee, who must fill the position of Deputy Zoning Administrator.

3. Review Authority

The Zoning Administrator must have the power and duty to review and make decisions on those application types identified in Sec. 1100.A. Summary of Review Authority .

Pomona, California | Zoning & Development Code

Adopted July 1, 2024

11-7

Part 11 | Administration

Zoning Administrator

4. Meetings

The Zoning Administrator must adopt rules and procedures governing meeting business, conduct, and actions within the Zoning Administrator's jurisdiction and setting timeframes for such meetings.

11-8 Zoning & Development Code | Pomona, California

Adopted July 1, 2024

Part 11 | Administration

Applications and Fees

Sec. 1110. Application Filing and Processing

1110.a. Purpose

To establish procedures and requirements for the preparation, filing and processing of applications for permits, amendments, and approvals stipulated by this Zoning and Development Code.

1110.B. Applicability

Sec. 1100.A. Summary of Review Authority , establishes the recommending, approving, and appeal authorities for all permits, amendments, and approvals stipulated by this Zoning and Development Code.

1110.C. Applications and Fees

1. Application Filing

• a. An application for a permit, permit modification, amendment, or any other matters pertaining to this Zoning Code must be filed with the Planning Division of the Development Services Department, on an application form, together with any required fees, plans, maps, reports, special studies, exhibits, and any other information deemed necessary by the City to process the application.

• b. Regularly updated requirements for application contents, forms, submission and review schedule, and fees can be found on the City of Pomona's website

• c. An application may be initiated by the City, owner(s) or lessee(s) of property, or their agent(s), or person(s) who have contracted to purchase property contingent upon their ability to acquire the necessary permits under this Zoning Code, or their agent(s).

• d. A project requiring the filing of more than one land use or entitlement permit application must, to the extent possible, be filed with all related applications for concurrent review. Related applications may be elevated to the highest required Reviewing Authority as determined by the Development Services Director.

2. Filing Fees

• a. The City Council may adopt fees for city regulations, products or services by resolution pursuant to City Code Div. 5. (Fixing of Certain Regulatory Fees and Service Charges) .

• b. Application review and action must not commence until such time that all applicable filing fees and/or deposits have been paid in full. An application received without all applicable filing fees and/or deposits must be deemed incomplete for filing and further processing and must be deemed just cause for denial of the application. In the case of time and materials projects, the payment of additional deposits may be required to fully recover all City processing costs.

3. Refunds and Withdrawals

• a. The refund of filing fees in response to the denial of an application must be prohibited, recognizing that filing fees are utilized to cover City costs related to public hearings, mailings, postings, transcripts, and staff time involved in processing applications.

Pomona, California | Zoning & Development Code

11-9

Adopted July 1, 2024

Part 11 | Administration

Applications and Fees

• b. An applicant wishing to withdraw their application may do so by written request to the Zoning Administrator at any time prior to action by the Approving Authority.

• c. Upon receipt of a request for application withdrawal, the Zoning Administrator may order the refund of all or part of the filing fees, based upon the prorated costs to date and determination of the status of the application at the time of withdrawal.

4. Submittal Requirement List

• a. The City must maintain a list of information required from an applicant for a development project in compliance with the California Government Code (Sec. 65940.) . This list must be know as the Submittal Requirement List.

• b. Regularly updated content for the Submittal Requirement List can be found on the City of Pomona's website .

11-10 Zoning & Development Code | Pomona, California

Adopted July 1, 2024

Part 11 | Administration

Application Processing Procedures

1110.D. Application Processing Procedures

To provide general procedures for the processing of applications for legislative actions, discretionary permits and actions, and ministerial/administrative permits and decisions filed pursuant to Sec. 1100.A. Summary of Review Authority .

1. Legislative Actions

The Advisory and Approving Authorities for legislative actions are established by Sec. 1100.A. Summary of Review Authority . Unless otherwise stipulated by Sec. 1160. Discretionary Review , the procedure for reviewing and acting upon an application resulting in a legislative action is as follows:

a. Application Submittal

1. All applications for development approval must be submitted in accordance with the requirements of this Code and must be filed with the Planning Division of the Development Services Department.

2. Regularly updated requirements for application contents, forms, submission and review schedule, and fees can be found on the City of Pomona's website .

3. Before review of an application, all filing fees must be paid in full.

b. Initial Review for Application Completeness

Legislative actions must be initially reviewed for application completeness and acceptance, as follows:

1. Review for Application Completeness

• i. Following receipt of an application filed in compliance with this Chapter, the Planning Division must determine, in writing, whether the application is complete for processing and must transmit the determination to the applicant.

• ii. If an application is determined to be incomplete for processing, the Planning Division must specify those parts of the application that are incomplete and must indicate the manner in which they can be made complete, including a list and thorough description of the specific information needed to complete the application. The applicant must submit materials to the City in response to the list and description, which must be reviewed pursuant to Sec. 1110.D.1.b.1. , Review for Application Completeness, above.

• iii. If the application, together with the submitted materials, is determined to be incomplete for processing, the applicant may appeal that decision to the City Council or Planning Commission pursuant to the provisions of Sec. 1130. Appeals , as set forth in the California Government Code (Sec. 65943.c.) .

• iv. Failure of an applicant to submit complete or adequate information pursuant to the provisions of Sec. 1110.D.1.b.1. , Review for Application Completeness, and Sec. 1110.D.1.b.2. , Application Acceptance, must constitute grounds for denial of the application.

Pomona, California | Zoning & Development Code

Adopted July 1, 2024

11-11

Part 11 | Administration

Application Processing Procedures

2. Application Acceptance

• i. Following acceptance of an application as complete for processing, no new or additional information may be requested of the applicant; however, in the course of processing the application, the Planning Division may request the applicant to clarify, amplify, correct, or otherwise supplement the information required for the application. This provision must not be so construed as to require an applicant to submit with the initial application, the entirety of the information that the Planning Division may require in order to take final action on the application as set forth in the California Government Code (Sec. 65944.a.) .

• ii. Prior to accepting an application as complete for processing, the Planning Division must inform the applicant of any information included in the list prepared pursuant to Sec. 1110.D.1.b.2.i. , above, which will subsequently be required from the applicant in order to complete final action on the application.

• iii. The provisions of this Section must not be construed as limiting the ability of the Planning Division to request and obtain information that may be needed in order to comply with the California Resources Code (Section 21000.) .

3. Investigation and Report

• i. Following acceptance of an application as complete for processing pursuant to Sec. 1110.D.1.b. Initial Review for Application Completeness , above, the Planning Division must investigate the facts bearing on the application and must prepare a written report, which must be transmitted to the appropriate Reviewing Authority.

• ii. The Planning Division’s report must provide the information necessary for action on the application, consistent with the provisions of this Zoning and Development Code and General Plan, and must report all findings to the appropriate Reviewing Authority.

• iii. During the investigation of the facts bearing on the application, the Planning Division may consult with other City departments and public agencies.

4. Public Hearings(

• i. The Advisory and Approving Authorities established by Sec. 1100.A. Summary of Review Authority , must each conduct at least one public hearing, which must be duly noticed, heard, and acted upon pursuant to Sec. 1120. Public Hearings .

• ii. The Planning Division’s written report, prepared pursuant to Sec. 1110.D.1. through Sec. 1110.D.3. , above, must be made available to the property owner and applicant, if different from the property owner, at least 72 hours prior to the public hearing.

5. Advisory Authority Review and Recommendation

The Advisory Authority must make recommendation to the Approving Authority whether to approve, approve in modified form, or deny an application, which must be transmitted to the Approving Authority in such a manner and form as specified by the Approving Authority.

6. Approving Authority Review and Action

• i. Upon receipt of the Advisory Authority’s recommendation, the Approving Authority must approve, approve in modified form, or deny an application.

11-12 Zoning & Development Code | Pomona, California

Adopted July 1, 2024

Part 11 | Administration

Application Processing Procedures

• ii. The action of the Approving Authority must be by written decision, setting forth the basis for the action, and must include any applicable findings prescribed by Sec. 1110.D.1. Legislative Actions . There must be no time limit within which the Approving Authority must act on a legislative action.

• iii. The decision of the Approving Authority must be final and conclusive.

7. Effective Date of Approving Authority Action

A legislative approval granted by resolution is effective immediately upon adoption of the numbered resolution by the City Council. A legislative approval granted by ordinance is effective 30 days following the date of adoption of the ordinance by the Approving Authority.

2. Discretionary Permits and Actions

The Advisory, Approving, and Appeal Authorities for discretionary permits and actions are established by Sec. 1100.A. Summary of Review Authority . Unless otherwise stipulated by this Section, the procedure for reviewing and acting upon an application resulting in a discretionary permit or action is as follows:

a. Application Submittal

1. All applications for development approval must be submitted in accordance with the requirements of this Code and must be filed with the Planning Division of the Development Services Department.

2. Regularly updated requirements for application contents, forms, submission and review schedule, and fees can be found on the City of Pomona's website.

3. Before review of an application, all filing fees must be paid in full.

b. Initial Review for Application Completeness

Discretionary actions must be initially reviewed for application completeness and acceptance, as follows:

1. Review for Application Completeness

• i. Within 30 days following receipt of an application filed in compliance with this Chapter, the Planning Division must determine, in writing, whether the application is complete for processing and must transmit the determination to the applicant. If the written determination is not made within the required period, the application must be automatically deemed complete for processing. Upon receipt of any resubmittal of the application, a new 30-day period must begin, during which time completeness of the resubmitted application must be determined.

• ii. If an application is determined to be incomplete for processing, the Planning Division must specify those parts of the application that are incomplete and must indicate the manner in which they can be made complete, including a list and thorough description of the specific information needed to complete the application. The applicant must submit materials to the Planning Division in response to the list and description, which must be reviewed pursuant to Sec. 1110.D.2.b.1.i , above.

Pomona, California | Zoning & Development Code

Adopted July 1, 2024

11-13

Part 11 | Administration

Application Processing Procedures

• iii. If the application, together with the submitted materials, is determined to be incomplete for processing, the applicant may appeal that decision to the City Council or Planning Commission pursuant to the provisions of Sec. 1130. Appeals as set forth in the California Government Code (Sec. 65943.c) .

• iv. Failure of an applicant to submit complete or adequate information pursuant to the provisions of Sec. 1110.D.2.b.1.i. and Sec. 1110.D.2.b.1.ii. , above, must constitute grounds for denial of the application.

2. Application Acceptance

• i. Following acceptance of an application as complete for processing, no new or additional information may be requested of the applicant; however, in the course of processing the application, the Planning Division may request the applicant to clarify, amplify, correct, or otherwise supplement the information required for the application. This provision must not be so construed as to require an applicant to submit with the initial application, the entirety of the information that the City may require in order to facilitate final action on the application.

• ii. Prior to accepting an application as complete for processing, the Planning Division must inform the applicant of any information included in the list prepared pursuant to Sec. 1110.D.2.b.2.i. , above, which will subsequently be required from the applicant in order to complete final action on the application.

• iii. The provisions of this Subsection must not be construed as limiting the ability of the Planning Division to request and obtain information that may be needed in order to comply with the provisions of the California Resources Code (Section 21000.) .

3. Investigation and Report

• i. Following acceptance of an application as complete for processing pursuant to Sec. 1110.D.2.b. Initial Review for Application Completeness , the Planning Division must investigate the facts bearing on the application and must prepare a written report, which must be transmitted to the appropriate Reviewing Authority.

• ii. The Planning Division’s report must provide the information necessary for action on the application, consistent with the provisions of this Zoning and Development Code and General Plan, and must report all findings to the appropriate Reviewing Authority.

• iii. During the investigation of the facts bearing on the application, the Planning Division may consult with other City departments and public agencies.

4. Public Hearings

• i. The Advisory, Approving and Appeal Authorities established by Sec. 1100.A. Summary of Review Authority , and which require a public hearing, must each conduct at least 1 public hearing, which must be duly noticed, heard, and acted upon pursuant to Sec. 1120. Public Hearings .

• ii. The Planning Division’s agenda, prepared pursuant to Sec. 1100.D.2b.1. Initial Review for Application Completeness , above, must be made available to the property owner and applicant, if different from the property owner, at least 72 hours prior to the public hearing.

11-14 Zoning & Development Code | Pomona, California

Adopted July 1, 2024

Part 11 | Administration

Application Processing Procedures

5. Advisory Authority Review and Recommendation

If required pursuant to Sec. 1100.A. Summary of Review Authority , the procedure for review and recommendation on a discretionary permit or action by an Advisory Authority is as follows:

• i. The Advisory Authority must make recommendation to the Approving Authority whether to approve, approve in modified form, or deny an application, which must be transmitted to the Approving Authority in such manner and form as specified by the Approving Authority.

• ii. The Advisory Authority must forward its recommendation to the applicant and Approving Authority following the date its decision was rendered.

6. Approving Authority Review and Action

The procedure for review and action on a discretionary permit or action by an Approving Authority is as follows:

• i. Upon receipt of the Advisory Authority’s recommendation, the Approving Authority must approve, approve in modified form, or deny an application, and may impose reasonable conditions to the approval of an application.

• ii. The action of the Approving Authority must be by written decision, setting forth the basis for the action, and must include any applicable findings prescribed by Sec. 1110.D.2. Discretionary Permits and Actions . A discretionary permit or action must be acted upon within the timeframes specified by the California Government Code (Sec. 65950, 65950.1, 65951, and 65952) , except that Tentative Subdivision Maps must be acted upon within the timeframes specified by California Government Code (Sec. 66452.1.) .

• iii. The decision of the Approving Authority must be final and conclusive in the absence of an appeal filed pursuant to Sec. 1130. Appeals .

7. Effective Date of Approving Authority Action

• i. A discretionary permit or action must become effective on the City business day following Approving Authority action, unless the discretionary permit is being processed concurrently with and dependent upon any legislative action; in which case, the effective date of the discretionary permit or action must be governed by Sec. 1110.D.2.b.7. Efective Date of Approving Authority Action . The Approving Authority’s action to approve, approve in modified form, or deny a discretionary permit or action must be immediately suspended upon the filing of an appeal pursuant to Sec. 1130. Appeals .

• ii. Notice of decision must be issued to the applicant following the effective date of Approving Authority action.

Pomona, California | Zoning & Development Code

Adopted July 1, 2024

11-15

Part 11 | Administration

Application Processing Procedures

3. Ministerial or Administrative Permits and Decisions

The Advisory, Approving and Appeal Authorities for ministerial permits and decisions are established by Sec. 1100.A. Summary of Review Authority . Unless otherwise stipulated by this Section, the procedure for reviewing and acting upon an application requiring a ministerial/administrative permit or decision is as follows:

a. Application Submittal

1. All applications for development approval must be submitted in accordance with the requirements of this Code and must be filed with the Planning Division of the Development Services Department.

2. Regularly updated requirements for application contents, forms, submission and review schedule, and fees can be found on the City of Pomona's website.

3. Before review of an application, all filing fees must be paid in full.

b. Initial Review for Application Completeness

Applications requesting ministerial/administrative permits and/or decisions must be initially reviewed for completeness and acceptance, as follows:

1. Review for Application Completeness

• i. Within 30 days following receipt of an application filed in compliance with this Chapter, the City must review the application and determine, in writing, whether the application is complete for further processing, and must transmit the determination to the applicant. If the written determination is not made within the required period, the application must automatically be deemed complete for further processing. Upon receipt of any re-submittal of the application, a new 30-day period must begin, during which time completeness of the resubmitted application must be determined.

• ii. If an application is determined to be incomplete for processing, the City must specify those parts of the application that are incomplete and must indicate the manner in which they can be made complete, including a list and thorough description of the specific information needed to complete the application. The applicant must submit materials to the responsible City department in response to the list and description, which must be reviewed pursuant to Sec. 1110.D.3.b.1.i. , above.

• iii. If an application, together with the submitted materials, is determined to be incomplete for processing, the applicant may appeal that decision to the Planning Commission pursuant to the provisions of Sec. 1130. Appeals .

• iv. Failure of an applicant to submit complete or adequate information pursuant to the provisions of Sec. 1110.D.3.b.1.i. and Sec. 1110.D.3.b.1.ii. , above, must constitute grounds for denial of the application.

2. Application Acceptance

• i. Following acceptance of an application as complete for processing, no new or additional information may be requested of the applicant; however, in the course of processing the application, the responsible City department may request the applicant to clarify, amplify, correct, or otherwise supplement the information required for the application. This

11-16 Zoning & Development Code | Pomona, California

Adopted July 1, 2024

Part 11 | Administration

Application Processing Procedures

provision must not be so construed as to require an applicant to submit with the initial application, the entirety of the information that the responsible City department may require in order to facilitate final action on the application.

• ii. Prior to accepting an application as complete for processing, the responsible City department must inform the applicant of any information included in the list prepared pursuant to Sec. 1110.D.3.b.2.i. , above, which will subsequently be required from the applicant in order to complete final action on the application.

• iii. The provisions of this Subsection must not be construed as limiting the ability of the responsible City department to request and obtain information that may be needed in order to comply with the provisions of California Resources Code (Section 21000.) .

3. Investigation

Following acceptance of an application as complete for processing, the responsible City department must investigate the facts bearing on the application and provide the information necessary for action or determination, consistent with this Zoning and Development Code and General Plan, which must be reported to the Approving Authority.

4. Review and Action

• i. The Approving Authority must review the application and must then approve, approve in modified form, or deny the application. The decision of the Approving Authority must be final and conclusive in the absence of an appeal filed pursuant to the provisions of Sec. 1130. Appeals .

• ii. The Approving Authority must act on a ministerial approval request following acceptance of an application as complete for processing pursuant to Sec. 1110.D.3.b.1 Initial Review for Application Completeness .

5. Effective Date of Approving Authority Action

• i. A ministerial/administrative permit or action must become effective immediately upon Approving Authority action. An Approving Authority action to approve or deny a ministerial permit or decision must be immediately suspended upon the filing of an appeal pursuant to Sec. 1130. Appeals .

• ii. Notice of decision must be issued to the applicant following the effective date of approving authority action.

Pomona, California | Zoning & Development Code

Adopted July 1, 2024

11-17

Part 11 | Administration

Environmental Review

1110.E. Environmental Review

1. Purpose

To ensure compliance with CEQA as required by state law.

2. Applicability

Applies to any activity of the City that is determined to be a “project” pursuant to CEQA as set forth in the California Public Resources Code (Sec. 21000 through 21178) and the CEQA Guidelines set forth in the California Code of Regulations (Sec. 15000 through 15387) .

3. Environmental Review

The City of Pomona must conduct an environmental review of any activity within the City that constitutes a “project” pursuant to the California Environmental Quality Act (CEQA), the CEQA Guidelines and the City’s local guidelines for the implementation of CEQA. Depending upon the nature and scope of a “project,” it may be found to be exempt from further environmental review, or a negative declaration, mitigated negative declaration or environmental impact report may be required to be completed. Negative declarations, mitigated negative declarations, and environmental impact reports must be prepared pursuant to the requirements of CEQA and the implementing guidelines, and the City’s local guidelines for the implementation of CEQA.

a. Application Submittal

1. All applications for development approval must be submitted in accordance with the requirements of this Code and must be filed with the Planning Division of the Development Services Department.

2. Regularly updated requirements for application contents, forms, submission and review schedule, and fees can be found on the City of Pomona's website.

3. Before review of an application, all filing fees must be paid in full.

11-18 Zoning & Development Code | Pomona, California

Adopted July 1, 2024

Part 11 | Administration

Time Limits and Extensions

1110.F. Time Limits and Extensions

1. Time Limits

Discretionary permits/actions granted pursuant to this Section must become invalid if not exercised within the below-listed timeframes:

a. General

Unless otherwise stipulated by the conditions of approval, a discretionary permit/action must become invalid if not exercised within 12 months following the effective date of application approval, except as specified in Sec. 1110.F.1.b. through Sec. 1110.F.1.c. , below, unless extended by time extension pursuant to Sec. 1110.F.2. Time Extensions .

b. Tentative Subdivision Map

1. A Tentative Tract or Parcel Map must become invalid if not exercised within the time limits specified by the California Government Code (Sec. 66452.6) .

c. Certificate of Appropriateness

A Certificate of Appropriateness granted pursuant to this Section must become invalid if not exercised within the time limit specified by the conditions of approval, or within 24 months if no time limit has been specified.

d. Definition

For the purposes of this Section, the term “exercised” must mean the following:

1. The applicant, or property owner if different from the applicant, has completed or fulfilled all conditions of approval imposed upon the permit or action by the Approving Authority; and

2. In the case of permits or actions pertaining to a development project approval, a Building Permit must have been issued and construction must have commenced and been diligently pursued toward project completion.

3. In the case of permits or actions pertaining to a land use approval, the approved use must have commenced.

4. In the case of a Merger of Contiguous Parcels, Reversion to Acreage, or Tentative Subdivision Map, the Merger, Reversion, or Final Subdivision Map must have been recorded at the office of the County Recorder.

Pomona, California | Zoning & Development Code

11-19

Adopted July 1, 2024

Part 11 | Administration

Time Limits and Extensions

2. Time Extensions

The time limits within which a discretionary permit or action must be exercised, may be extended as follows:

a. Project Applicant or Property Owner Requested Time Extension

1. The project applicant, or property owner if different from the applicant, may file a Time Extension request, together with any required filing fees, with the Planning Division prior to the expiration date of an approved discretionary permit or action.

2. Upon the submittal of a Time Extension request, the affected discretionary permit or action must be granted an automatic 90-day time extension to allow sufficient time for application processing.

3. No retroactive requests for time extensions will be accepted for consideration in alignment with California Subdivision Map Act.

b. Criteria for Granting a Time Extension

An extension of the expiration date for an approved discretionary permit or action must be acted upon as follows:

1. The Approving Authority may grant a Time Extension upon determination of the following:

   • i. Each of the findings and conditions of the original approval are still applicable to the project and there are no changed circumstances;

   • ii. The Time Extension will not adversely affect the public health, safety, or welfare; and

   • iii. There has been diligent pursuit to exercise the permit or action for which an extension is being requested.

2. The burden of proof must lie with the permittee to establish with substantial evidence that the approval for which the Time Extension is requested should not be allowed to expire. If the Approving Authority determines that the permittee has good-faith intent to commence with the proposed project, the Approving Authority may grant a Time Extension.

3. A discretionary permit or action may be granted Time Extensions in up to one-year increments, not to exceed a total of two, one-year time extensions, excepting tentative subdivision maps, which must be subject to the provisions of the California Government Code (Sec. 66452.6.) .

11-20 Zoning & Development Code | Pomona, California

Adopted July 1, 2024

Part 11 | Administration

Applicant Failure to Complete Application Processing

1110.G. Applicant Failure to Complete Application Processing

1. Within 180 days following a written request by the City or other governmental agency for plan changes, corrections, revisions, or the submittal of additional information, an application must be deemed withdrawn if the Zoning Administrator determines that the applicant has not made reasonable progress toward providing necessary plan changes or corrections, or additional information. Application processing must not resume thereafter until a new application is filed, including fees, plans, exhibits, and other materials required for any project on the same site.

2. Upon written request of the applicant, the Zoning Administrator may order the refund of all or a portion of filing fees pursuant to Sec. 1110.C.3. Refunds and Withdrawals .

Pomona, California | Zoning & Development Code

11-21

Adopted July 1, 2024

Limitations on Application Refiling

Part 11 | Administration

1110.H. Limitations on Application Refiling

A final action denying an application must prohibit the further filing of the same or a substantially similar application for a period of not less than 12 months following the date of application denial, except that an application denied without prejudice may be resubmitted within the 12-month period following application denial.

11-22 Zoning & Development Code | Pomona, California

Adopted July 1, 2024

Indemnification

Part 11 | Administration

1110.I. Indemnification

It must be a condition of any application approved pursuant to this Chapter, or any approval or certification required pursuant to CEQA or the CEQA Guidelines, that a property owner or applicant, if different from the property owner, must defend, indemnify, and hold harmless the City and its agents, officers, attorneys, and employees:

1. From any claim, action, or proceeding brought against the City or its agents, officers, attorneys, or employees, to attack, set aside, void, or annul the City's decision to approve any development, land use permit, and/or approvals and certifications under CEQA, but excluding any subdivision approval governed by the California Government Code (Sec. 66474.9.) . This indemnification must include, but not be limited to, damages, fees, and/or costs awarded against the City, if any, and the cost of any suit, attorney’s fees, and/or other costs, liabilities, and expenses incurred in connection with a lawsuit, whether incurred by the applicant, the City, and/or the parties initiating or bringing a lawsuit;

2. For all costs incurred in additional investigation and/or study of, or for supplementing, preparing, redrafting, revising, or amending any document (such as, but not limited to, a negative declaration, mitigated negative declaration, environmental impact report, general plan amendment, specific plan, or specific plan amendment), if made necessary by a lawsuit and if the applicant desires to pursue securing approvals that are condition of application approval, after initiation of a lawsuit; and

3. For all costs, fees, and damages that the City incurs in enforcing the indemnification provisions set forth in Sec. 1110.I.1. and Sec. 1110.I.2. , above.

Pomona, California | Zoning & Development Code

11-23

Adopted July 1, 2024

Part 11 | Administration

Purpose

Sec. 1120. Public Hearings

1120.a. Purpose

To implement the California Government Code (Sec. 65090) , which governs public hearing and notification procedures for consideration of legislative actions, discretionary land use and development entitlements, and discretionary administrative actions. Public hearings are not required for nondiscretionary administrative permits, decisions, and actions; however, public notice may be required pursuant to this section.

1120.B. Applicability

1. A public hearing for a legislative action, land use or development entitlement, or any other matters pertaining to this Zoning and Development Code requiring a public hearing pursuant to the California Government Code (Sec. 65090 through 65095) , must be scheduled and heard in accordance with the provisions of this section.

2. Public hearing notification for legislative actions, land use or development entitlements, or administrative permits, decisions, or actions must be provided in the manner prescribed by Sec. 1100.A. Summary of Review Authority .

1120.C. Public Hearing Notices

1. Public Hearing Notice Minimum Information

Public hearing notices must contain the following minimum information:

• a. The associated application number(s);

• b. The name of the applicant or applicant’s agent;

• c. A general description, in text or by diagram, of the location of the real property that is the subject of the hearing;

• d. Current zoning district designation of the site subject to the application;

• e. A general description of the matter to be considered;

• f. Time, place, and location of the public hearing;

• g. The identity of the hearing body or officer;

• h. A statement indicating that additional application materials and documentation are on file with the City of Pomona and where such additional project information may be viewed or obtained;

• i. A statement that any interested person may appear at the hearing or submit written material prior to the commencement of the hearing; and

• j. A statement of environmental determination to be considered by the hearing body, including a citation to the State Guidelines section or statute under the California Environmental Quality Act.

11-24 Zoning & Development Code | Pomona, California

Adopted July 1, 2024

Part 11 | Administration

Public Hearing Notices

2. Notices for Public Hearings Conducted by the City Council

A notice for a public hearing conducted by the City Council must not be published, mailed, delivered, or posted in advance of a public hearing conducted by the Planning Commission pursuant to Sec. 1100.A. Summary of Review Authority , as the public hearing notice must include the recommendation of the Planning Commission.

3. Public Notification Required 10 Days in Advance

Public hearing notification must be provided a minimum of 10 days in advance of any public hearing and must be provided by one or more of the following methods, as necessary:

a. First Class Mail or Delivery

First Class Mail or delivery must be provided to:

1. Any person filing a request to the Planning Division to receive such notices; and

2. All property owners and occupants of the property subject to the application;

3. All owners of real property and occupants located within a minimum of 400-feet of the exterior boundaries of the property that is the subject of the hearing, as shown on the last equalized assessment roll, or records of the county assessor or tax collector if those records contain more recent information than the information contained on the assessment roll.

4. The owner’s duly authorized agent, if any; and

5. The project applicant; and

6. Each local agency expected to provide water, sewage, streets, roads, schools or other essential facilities or services to the project, whose ability to provide those facilities and services may be significantly affected.

b. Number of Owners Requiring Public Hearing Notification Is Greater Than 1,000

If the number of owners to whom notice would be mailed or delivered pursuant to Sec. 1120.C.3.a. First Class Mail or Delivery , is greater than 1,000, in lieu of mailed or delivered notice, a display advertisement of at least 1/8 page may be placed in at least one newspaper of general circulation within the City of Pomona.

c. Public Hearing Notice Publication

If notice is mailed or delivered pursuant to Sec. 1120.C.3.a.3. , above, notice must also be published in at least one newspaper of general circulation in the City or, if there is no such newspaper of general circulation, the notice must be posted in at least 3 public places within the boundaries of the City, including the subject site.

d. Posting

1. No posted notice is required for any application unless required by State law.

2. When required by State law, the content and form of the posted notice must be consistent with the requirements of the California Government Code, Public Resource Code or other applicable State law.

Pomona, California | Zoning & Development Code

11-25

Adopted July 1, 2024

Request for Notification

Part 11 | Administration

e. Other Acceptable Methods of Public Noticing

In addition to the public noticing required by Sec. 1120.C.3.a. through Sec. 1120.C.3.d. , above, the City may give notice of a hearing by any other method deemed necessary or desirable by the Zoning Administrator.

4. Public Notices Required Pursuant to CEQA

Public notification required pursuant to CEQA must be prepared and advertised in accordance with state law.

1120.D. Request for Notification

Wherein notice of a public hearing is required pursuant to Sec. 1120.C. Public Hearing Notices , the notice must also be mailed or delivered at least 10 days prior to the hearing to any person who has filed a written request for such notice with either the city clerk or the Planning Division.

1120.E. Failure to Receive a Public Notice

1. Pursuant to California Government Code (Sec. 65093) , the failure of any person or entity to receive notice given pursuant to this Chapter must not constitute grounds for any court to invalidate the actions of the Approving Authority for which the notice was given.

2. Any notices not received due to an error beyond the City's control, does not prevent the public hearing from occurring, change any decision made at the public hearing, or prevent the application from advancing through the review process.

11-26 Zoning & Development Code | Pomona, California

Adopted July 1, 2024

Part 11 | Administration

Appeals

Sec. 1130. Appeals

1130.a. Purpose

To implement the California Government Code (Sec. 65903.) , which governs the establishment of procedures for the filing, processing and hearing of appeals on actions or decisions of a City department, agency, or Approving Authority.

1130.B. Applicability

Any person having legal standing, including but not limited to an applicant, resident, business owner, or any person owning real property within the City, that is aggrieved by an interpretation, action or decision made pursuant to this Zoning and Development Code by any City agency or department, or by an Approving Authority, may appeal such action to the Appeal Authority in accordance with the provisions of this Section.

1130.C. Appeals

1. Appeal Authority

• a. The Appeal Authority for all legislative actions, discretionary permits and actions, and ministerial permits and decisions, is hereby established pursuant to Sec. 1100.A. Summary of Review Authority of this Zoning Code.

• b. The Appeal Authority for an administrative interpretation, action, or decision made by any City agency or department head regarding any matter prescribed or governed by this Zoning Code may be appealed to the Planning Commission, except as otherwise prescribed by this Zoning Code.

2. Appeal Procedure

• a. An appeal request must be filed with the City Clerk on a City application form, along with any appropriate fees established by resolution of the City Council, within 20 calendar days following the action or decision being appealed. The appeal must include a statement identifying the specific action or decision of the Approving Authority that is being appealed, the specific grounds for the appeal, and the relief requested from the Appeal Authority.

• b. An appeal of an action or decision by the Approving Authority must be limited to those matters raised during the hearing and contained in the appeal statement.

• c. Upon receipt of an appeal request, copies of the request and supporting information must be set or hearing before the Appeal Authority within 45 days (30 days for a tentative subdivision map) following the filing of the appeal request. The Appeal Authority must set the matter for hearing, which must be noticed and conducted pursuant to Sec. 1120. Public Hearings .

• d. Upon receipt of an appeal request, the Planning Manager must prepare the record on the subject matter of the appeal, including any staff reports and meeting minutes, and transmit the record to the Appeal Authority. The Planning Manager must also prepare a written report responding to the appeal statement, containing a recommendation on the appeal and appropriate findings supporting the recommendation, along with any appropriate conditions of approval. The report

Pomona, California | Zoning & Development Code

11-27

Adopted July 1, 2024

Part 11 | Administration

Appeals

must be made available to the Appellant at least 72 hours prior to the hearing before the Appeal Authority, not including additional information.

• e. Within 30 days (10 days for a tentative subdivision map) following the conclusion of the hearing, the Appeal Authority must render its decision on the appeal. The Appeal Authority may deny the appeal or may grant the appeal in whole or in part, along with any conditions it deems necessary to protect the public health, safety and general welfare. The decision must include all required findings.

11-28 Zoning & Development Code | Pomona, California

Adopted July 1, 2024

Part 11 | Administration

Duration of Surety

Sec. 1140. Performance Guarantees

1140.a. Purpose

To establish a procedure by which a discretionary permit or action, or ministerial permit or decision may require, by conditions of approval or by action of the Approving Authority, to provide surety guaranteeing the faithful performance and proper completion of any approved work and compliance with conditions of approval.

1140.B. Applicability

Applies to performance guarantees for projects authorized by any a discretionary permit or action, or ministerial permit or decision required by this Zoning and Development Code. All performance guarantees are required as follows:

1. Prior to the issuance of Public Works permits for improvements in the public right-of-way or within public easement granted over private property.

2. For discretionary projects, prior to approval of subdivision maps or the issuance of the building permits, whichever occurs first.

3. The requried bonds are:

   • a. faithful performance

   • b. labor and material and;

   • c. warranty (or conversion to warranty). The labor/material must be surety bond, whereas the performance and warranty bonds may be surety bond/cash/check/CD/escrow account, etc.

1140.C. Surety Form and Amount

The required surety must be in a form (e.g., cash deposit, certificate of deposit, surety bond, etc.) approved by the Planning Manager or Public Works Director, upon recommendation of the City Attorney. The amount of surety must be as determined by the Planning Manager and/or Public Works Director to be necessary to ensure proper completion of the work and compliance with conditions of approval (cost plus 25 percent contingency).

1140.D. Surety for Maintenance

In addition to any improvement surety required to guarantee proper completion of work, the Planning Manager or Public Works Director may require the maintaining of the warranty bond for up to one additional year following the acceptance of all public improvements by the Public Works Director to be sufficient to ensure the proper maintenance and functioning of improvements.

1140.E. Duration of Surety

Required improvement surety must remain in effect until final inspections have been made and all work has been accepted by the Planning Manager and/or Public Works Director, or until any warranty period required by the Planning Manager and/or Public Works Director has lapsed. Maintenance surety must remain in effect for the one-year period following the date of final inspection.

Pomona, California | Zoning & Development Code

11-29

Adopted July 1, 2024

Part 11 | Administration

Release or Forfeiture of Surety

1140.F. Release or Forfeiture of Surety

1. Upon satisfactory completion of work and the approval of a final inspection at the end of the required time for maintenance surety, the improvement and/or maintenance deposits or bonds must be released.

2. Upon failure to complete all required work, failure to comply with all of the terms of any applicable permit or failure of the completed improvements to function properly, the City may perform the required work or cause it to be completed, and collect from the permittee or surety, all the costs incurred by the City, including the all costs for the work and all related administrative, inspection and legal costs.

3. Any unused portion of the surety must be refunded to the funding source after deduction of all costs for the work and all related administrative, inspection and legal costs.

11-30 Zoning & Development Code | Pomona, California

Adopted July 1, 2024

Part 11 | Administration

Development Agreements

Sec. 1150. Legislative Review

1150.a. Purpose

To prescribe procedures for the consideration of legislative actions by the appropriate Reviewing Authorities. Generally, legislative actions entail the establishment of rules, policies, or standards of general applicability, which involve the exercise of discretion and preside over considerations of public health, safety, and welfare.

1150.B. Applicability

Whenever the public necessity, convenience, general welfare, or good planning practice so requires, the appropriate Reviewing Authorities, as prescribed by Sec. 1100.A. Summary of Review Authority , may consider the adoption of a legislative action pursuant to the general provisions prescribed by Sec. 1110. Application Filing and Processing , and the provisions of this Chapter that are appropriate to the legislative action being considered.

1150.C. Development Agreements

1. Purpose

To establish procedures for adopting, amending, supplementing, or changing Development Agreements by and between the City and persons having a legal or equitable interest in a property proposed to be the subject of an agreement, whenever the public necessity, convenience, general welfare, or good planning practice so requires.

2. Authority

Pursuant to the California Government Code (Sec. 65864 et seq.) , the City Council may enter into a development agreement with any person having a legal or equitable interest in real property for the development of the property. It is intended that the provisions of this Chapter must be fully consistent and compliant with the provisions of California Government Code (Sec. 65864 et seq.) and must be so construed.

3. Agreement Contents

• a. A Development Agreement entered into pursuant to the provisions of this Chapter must, at a minimum, include the following information:

  1. Duration of the agreement;

  2. The permitted use(s) of the property;

  3. The density or intensity of use;

  4. The maximum height and size of proposed buildings; and

  5. Provisions for reservation or dedication of land for public purposes.

• b. In addition to the minimum information required by Sec. 1160.C.3.a. , above, the development agreement may include the following:

Pomona, California | Zoning & Development Code

Adopted July 1, 2024

11-31

Part 11 | Administration

Development Agreements

1. Conditions, terms, restrictions, and requirements for subsequent discretionary actions, provided such conditions, terms, restrictions and requirements for subsequent discretionary actions must not prevent development of the land for the use(s) and to the density or intensity of development set forth in the agreement;

2. Provide that construction must be commenced within a specified time period and that the project, or any phase thereof, be completed within a specified time;

3. Terms and conditions relating to applicant financing of necessary public facilities and subsequent reimbursement over time; and

4. Any other such terms, conditions, and requirements as deemed necessary and proper by the City Council, including, but not limited to, a requirement for assuring to the satisfaction of the City, performance of all provisions of the development agreement in a timely fashion by the agreement holder.

4. Application Filing, Processing and Hearing

An application for Development Agreement consideration must be filed, processed, and heard pursuant to Sec. 1110.D.1 Legislative Actions .

5. Findings

A Development Agreement must be acted upon by the Approving Authority based upon the information provided in the submitted application, evidence presented in the Planning Division’s written report, and testimony provided during the public hearing, only after considering and clearly establishing that the provisions of the Agreement are consistent with the goals, policies, plans and exhibits of the General Plan, and any applicable specific plans, and giving supporting reasons for each finding. A Development Agreement must be denied if one or more of the required findings cannot be clearly established.

6. Recordation of Agreement

Within 10 days following the City entering into a Development Agreement, the City Clerk must record with the county recorder, a copy of the Agreement, which must prescribe the land subject to the agreement. From and after the time of recordation, the Agreement must impart notice thereof to all persons as is afforded by the recording laws of this State. The burdens of the Agreement must be binding upon, and the benefits of the Agreement must inure to, all successors in interest to the parties to the agreement.

7. Amendments

A Development Agreement may be amended, or canceled in whole or in part, by mutual consent of the parties to the Agreement, or their successors in interest. Any action to amend or cancel any portion of the Agreement must be carried out pursuant to the procedures specified in Sec. 1160.C.4. Application Filing, Processing and Hearing , above.

8. Annual Review

• a. Every Development Agreement approved and executed pursuant to this Section must be annually reviewed during the term of the Agreement, following the date of its execution. The purpose of the review is to determine whether the holder of the Agreement has complied in

11-32 Zoning & Development Code | Pomona, California

Adopted July 1, 2024

Part 11 | Administration

Zoning and Development Code Amendment

good faith with the terms of the Agreement. The burden must be placed on the holder of the Agreement to demonstrate compliance to the full satisfaction of and in a manner prescribed by the City.

• b. If as a result of annual review pursuant to this Subsection the City Council finds and determines, on the basis of substantial evidence, that the holder of the Development Agreement has not complied in good faith with the terms or conditions of the Agreement, the City Council may either amend or terminate the Agreement.

9. Modification/Suspension in Compliance with State or Federal Regulations

In the event that State or Federal laws or regulations, enacted after a Development Agreement has been entered into, prevent or preclude compliance with one or more provisions of the Development Agreement, the affected provisions of the Agreement must be modified or suspended as may be necessary to comply with State or Federal laws or regulations.

1150.D. Zoning and Development Code Amendment

1. Purpose

To establish procedures for amending, supplementing, or changing this Zoning and Development Code whenever the public necessity, convenience, general welfare, or good planning practice so requires.

2. Applicability

Pursuant to California Goverment Code (Sec. 65853 through Sec. 65859) , the City Council may, by ordinance and upon written recommendation of the Planning Commission, amend, supplement, or change the ordinances codified in this Zoning and Development Code whenever the public necessity, convenience, general welfare, or good zoning practice so requires.

3. Application Filing, Processing and Hearing

An application for a Zoning and Development Code Amendment must be filed, processed, and heard pursuant to Sec. 1110.D.1. Legislative Actions of this Zoning and Development Code.

4. Findings and Decision

A Zoning and Development Code Amendment must be acted upon by the Approving Authority based upon the information provided in the submitted application, evidence presented in the Planning Division’s written report, and testimony provided during the public hearing, only after considering and clearly establishing all of the below-listed findings, and giving supporting reasons for each finding. The application must be denied if one or more of the below- listed findings cannot be clearly established.

• a. The proposed Zoning and Development Code Amendment is consistent with the goals, policies, plans and exhibits of the General Plan; and

• b. The proposed Zoning and Development Code Amendment would not be detrimental to the public interest, health, safety, convenience, or general welfare of the City.

Pomona, California | Zoning & Development Code

Adopted July 1, 2024

11-33

Part 11 | Administration

General Plan Amendment

5. Urgency Measure: Interim Ordinance

Without following the procedures otherwise required prior to the adoption of a Zoning and Development Code Amendment, to protect the public safety, health, and welfare, the City Council may adopt as an urgency measure, an interim ordinance prohibiting any uses that may be in conflict with a contemplated general plan, specific plan, or zoning proposal that the City Council, Planning Commission, or the Planning Division is considering or studying, or intends to study within a reasonable period. An urgency measure must be completed pursuant to the California Government Code (Sec. 65858) .

1150.E. General Plan Amendment

1. Purpose

The purpose of this Section is to establish procedures for amending, supplementing, or changing the General Plan.

2. Authority

• a. Pursuant to the California Government Code (Sec. 65358) , the City Council may, by resolution and upon written recommendation of the Planning Commission, amend, supplement, or change the General Plan.

• b. A mandatory element of the General Plan must not be amended more than 4 times during any calendar year; except that this limitation must not apply to amendments necessary for the development of residential units where at least 25 percent of the proposed units will be occupied by, or available to, persons and families of low or moderate income, as defined by the California Health and Safety Cod e (Sec. 50093) .

3. Application Filing

Processing and Hearing. An application for a General Plan Amendment must be filed, processed, and heard pursuant to Sec. 1110.D.1. Legislative Actions .

4. Findings and Decision

A General Plan Amendment must be acted upon by the Approving Authority based upon the information provided in the submitted application, evidence presented in the Planning Division’s written report, and testimony provided during the public hearing, only after considering and clearly establishing all of the below-listed findings, and giving supporting reasons for each finding. The application must be denied if one or more of the below-listed findings cannot be clearly established.

a. Technical Amendment Findings

A technical amendment must be denied unless findings can be made for finding number 1, and any one or more of findings 2 through 5 below:

1. The proposed amendment will not change any policy direction or intent of the General Plan.

2. An error or omission is in need of correction.

11-34 Zoning & Development Code | Pomona, California

Adopted July 1, 2024

Part 11 | Administration

General Plan Amendment

3. A land use designation was based on inaccurate or misleading information and, therefore, should be changed to properly reflect the policy intent of the General Plan.

4. A point of clarification is needed to more accurately express the meaning of the General Plan, or eliminate a source of confusion.

5. A minor change in boundary will more accurately reflect geological or topographic features, or legal or jurisdictional boundaries.

b. Entitlement/Policy Amendment Findings

An entitlement/policy amendment must be denied unless findings can be made for finding number 1 and 2, as well as any one or more of findings 3 through 6 below:

1. The proposed change does not involve a change in, or conflict with:

   • i. Any principle of the General Plan; or

   • ii. Any basic/foundational component of the General Plan.

2. The proposed amendment would contribute to the achievement of the purposes of the General Plan, or, at a minimum, would not be detrimental to them.

3. Special circumstances or conditions have emerged that were unknown or unanticipated at the time the General Plan was adopted.

4. A change in policy is required to conform to changes in state or federal law, or applicable findings of a court of law.

5. An amendment is required to comply with an update of the Housing Element or change in State Housing Element law commencing with the California Government Code (Sec. 65580) .

6. An amendment is required to address changes in public ownership of land.

c. Land Use Amendment Findings

A land use amendment must be denied unless findings can be made for finding number 1 through 4, as well as any one or more of findings 5 to 8 below:

1. The proposed General Plan Amendment is consistent with the goals and policies of the General Plan.

2. The proposed General Plan Amendment would not be detrimental to the public interest, health, safety, convenience, or general welfare of the City.

3. The Land Use Element is a mandatory element of the General Plan, which, pursuant to the California Government Code (Sec. 65358) , may be amended up to four times per calendar year, and the proposed General Plan Amendment is the first, second, third, or fourth amendment to the Land Use Element within the current calendar year.

4. During the amendment of the General Plan, opportunities for the involvement of citizens, California Native American Indian tribes pursuant to the California Government Code (Sec. 65352.3) , public agencies, public utility companies, and civic, education, and other community groups, through public hearings or other means, were implemented consistent with the California Government Code (Sec. 65351) .

Pomona, California | Zoning & Development Code

Adopted July 1, 2024

11-35

Part 11 | Administration

General Plan Amendment

5. The proposed project is consistent with the Housing Element of the General Plan, as the project site is not one of the properties listed in the Available Land Inventory of the Housing Element. Furthermore, changing the land use designation of the subject property from the existing General Plan land use designation to the proposed General Plan land use designation will not impact the City’s Regional Housing Needs Allocation (RHNA) obligations, or the City’s ability to satisfy its share of the region’s future housing need.

6. The proposed project is consistent with the Housing Element of the General Plan, as the project site is listed in the Available Land Inventory of the Housing Element, and the proposed project is consistent with the number of dwelling units and density specified in the Available Land Inventory.

7. The project site is listed in the Available Land Inventory contained in the Housing Element of the General Plan, and the proposed project is not consistent with the number of dwelling units or density specified in the Available Land Inventory; therefore, a General Plan Amendment to remove the subject property from the Available Land Inventory is required. Removal of the subject property from the inventory will not impact the City’s Regional Housing Needs Allocation obligations since there are an adequate number of sites in the inventory to meet the City’s Regional Housing Needs Allocation (RHNA) obligations.

8. The proposed project is not consistent with the adopted Housing Element. The project site is listed in the Available Land Inventory of the Housing Element of the General Plan, and the proposed project is not consistent with the number of dwelling units or density specified in the Available Land Inventory; therefore, a General Plan Amendment to remove the subject property from the Available Land Inventory of the Housing Element is required. Removal of the subject property from the inventory will impact the City’s Regional Housing Needs Allocation obligations since there are not an adequate number of sites in the inventory to meet the City’s Regional Housing Needs Allocation (RHNA) obligations; therefore, the following property(ies) will be added to the Available Land Inventory.

==> picture [447 x 87] intentionally omitted <==

----- Start of picture text -----
Assessor Parcel Numbers (APN) Lot Area
[Insert APN] [Insert Lot Area]
Available Land Inventory
[Insert Existing Number of Units] [Insert Proposed Number of Units]
----- End of picture text -----

11-36 Zoning & Development Code | Pomona, California

Adopted July 1, 2024

Part 11 | Administration

Zone Change

1150.F. Zone Change

1. Purpose

To establish procedures for amending or changing the zoning district boundaries, zoning district or module classification (Zone Change) of any property within the City.

2. Authority

Pursuant to the California Government Code (Sec. 65853 through Sec. 65859) , the City Council may, by ordinance, and upon written recommendation of the Planning Commission, change the zoning boundaries or classification of any property within the City, whenever the public necessity, convenience, general welfare, or good zoning practice so requires

3. Application Filing, Processing and Hearing

An application for Zone Change must be filed, processed, and heard pursuant to Sec. 1110.D.1. Legislative Actions .

4. Findings and Decision

A Zone Change, or amendment thereto, must be acted upon by the Approving Authority based upon the information provided in the submitted application, evidence presented in the Planning Division’s written report, and testimony provided during the public hearing, only after considering and clearly establishing all of the below-listed findings, and giving supporting reasons for each finding. The application must be denied if one or more of the below-listed findings cannot be clearly established.

• a. The proposed Zone Change is consistent with the goals, policies, plans and exhibits of the General Plan;

• b. The proposed Zone Change would not be detrimental to the public interest, health, safety, convenience, or general welfare of the City;

• c. The proposed Zone Change will not adversely affect the harmonious relationship with adjacent properties and land uses; and

• d. The subject site is physically suitable, including, but not limited to, parcel size, shape, access, and availability of utilities, for the request and anticipated development.

5. Pre-Zoning of Unincorporated Territory

The pre-zoning of unincorporated territory within the sphere of influence of the City may be initiated by the Planning Commission on its own motion, or by the City Council in the form of a request to the Planning Commission that it consider the pre-zoning, or by a petition of the owner or owners of land in the unincorporated territory proposed to be pre-zoned. A Pre-zone must be completed pursuant to the California Government Code (Sec. 65859.) and this Section and must become effective at the same time annexation of territory to the City becomes effective.

Pomona, California | Zoning & Development Code

Adopted July 1, 2024

11-37

Specific Plan Amendment

Part 11 | Administration

1150.G. Specific Plan Amendment

1. Purpose

To establish procedures for adopting, amending, supplementing, or changing Specific Plans.

2. Authority

• a. Pursuant to the California Government Code (Sec. 65450 et seq.) , the City Council may, by ordinance or resolution, and upon written recommendation of the Planning Commission, adopt, amend, supplement or change a specific plan.

• b. A Specific Plan and any amendments thereto, adopted pursuant to this Section, must be enforceable in the same manner and to the same extent as any other provision of this Zoning Code.

3. Application Filing, Processing and Hearing

An application for Specific Plan adoption or amendment must be filed, processed and heard pursuant to Sec. 1110.D.1. Legislative Actions .

4. Findings and Decision

A Specific Plan, or amendment thereto, must be acted upon by the Approving Authority based upon the information provided in the submitted application, evidence presented in the Planning Division’s written report, and testimony provided during the public hearing, only after considering and clearly establishing all of the below-listed findings, and giving supporting reasons for each finding. The application must be denied if one or more of the below- listed findings cannot be clearly established.

• a. The proposed Specific Plan, or amendment thereto, is consistent with the goals, policies, plans and exhibits of the General Plan;

• b. The proposed Specific Plan, or amendment thereto, would not be detrimental to the public interest, health, safety, convenience, or general welfare of the City;

• c. In the case of an application affecting specific property(ies), the proposed Specific Plan, or amendment thereto, will not adversely affect the harmonious relationship with adjacent properties and land uses; and

• d. In the case of an application affecting specific property(ies), the subject site is physically suitable, including, but not limited to, parcel size, shape, access, and availability of utilities, for the request and anticipated development.

11-38 Zoning & Development Code | Pomona, California

Adopted July 1, 2024

Part 11 | Administration

Billboard Relocation

Sec. 1160. Discretionary Review

1160.a. Purpose

To prescribe procedures for the consideration of discretionary review. A discretionary reviews, as established by Sec. 1100.A. Summary of Review Authority , includes projects that require the exercise of judgment or deliberation when making a decision to approve, conditionally approve, or deny a particular activity.

1160.B. Applicability

The Reviewing Authorities prescribed by Sec. 1100.A. Summary of Review Authority , must consider a discretionary permit or action pursuant to the general provisions prescribed by Sec. 1110. Application Filing and Processing , and the provisions of this Section that are appropriate to the discretionary permit or action being considered.

1160.C. Billboard Relocation

1. Purpose

To establish procedures for the removal of nonconforming billboards or off-site signs.

2. Applicability

Any nonconforming billboard, including any off-site advertising sign or billboard which:

• a. Was lawfully constructed but is now outside an eligible display area, as defined by Sec. 630. Signs ;

• b. Was erected within an eligible display area without obtaining the required conditional use permit and development;

• c. Is erected outside an eligible display area with appropriate building permits, conditional use permit, or other requirements as set forth by law or this Code; or

• d. Is nonconforming or became non-conforming through annexation, zone change, or other provisions of this Code.

3. Authority

• a. Any nonconforming billboard must be removed within the the useful life adopted for such sign for the purpose of depreciation under the Internal Revenue Code of 1954 (Sec. 167.) .

• b. Notwithstanding any other provision of this Section, any sign owner or sponsor may allocate a sign area authorized by this Code to a noncommercial message.

4. Application Filing, Processing and Hearing

• a. An application for Billboard Relocation must be filed, processed and heard pursuant to Sec. 1110.D.2. Discretionary Permits and Actions .

Pomona, California | Zoning & Development Code

11-39

Adopted July 1, 2024

Part 11 | Administration

Conditional Use Permit

b. Burden of Proof

In addition to the information required in the application, the applicant must substantiate to the satisfaction of the Approving Authority the following:

1. That to require discontinuation and removal of the sign in question would impair the property rights of any person to such an extent as to be an unconstitutional taking of property; and

2. That such sign does not now and will not during any extension period requested jeopardize, endanger or otherwise constitute a menace to the public health, safety or general welfare.

5. Findings and Decision

• a. The Approving Authority must not approve an application for the extension of time from which to discontinue and remove a nonconforming billboard or off-site sign or grant any other remedy requested by the applicant unless they find the burden of proof set forth in Sec. 1170.C.4.b. Burden of Proof has been met by the applicant.

• b. The Approving Authority must, within 15 days from the date the hearing is closed, file a written decision. Such decision must contain a brief summary of the evidence considered and state the Approving Authority's findings and decision(s), and must set forth that it is subject to California Code of Civil Procedure (Sec. 1094.6.) .

1160.D. Conditional Use Permit

1. Purpose

The purpose of this Section is to establish a procedure to ensure that a degree of compatibility is maintained with respect to certain uses on certain properties, due to their nature, intensity or size, or to compensate for variations and degrees of technological processes and equipment as related to the generation of noise, smoke, dust, fumes, vibration, odors and other practical hazards.

2. Applicability

• a. Pursuant to Sec. 1100.A. Summary of Review Authority , the Approving Authority, as applicable, is hereby empowered to approve, approve in modified form, or deny a Conditional Use Permit, and to impose reasonable conditions upon the approval of the application.

• b. Conditional Use Permit approval must be required prior to:

  1. The establishment of those land uses, activities and facilities so identified in Sec. 520. Allowed Uses ; and

  2. The alteration/expansion of an existing use or structure which requires a Conditional Use Permit pursuant to this Section.

3. Application Filing, Processing and Hearing

A Conditional Use Permit application must be filed, processed, and heard pursuant to Sec. 1110. Application Filing and Processing and the provisions of this Section.

11-40 Zoning & Development Code | Pomona, California

Adopted July 1, 2024

Part 11 | Administration

Conditional Use Permit

4. Findings and Decision

A Conditional Use Permit must be acted upon by the Approving Authority based upon the information provided in the submitted application, evidence presented in the Planning Division’s written report, and testimony provided during the public hearing, only after considering and clearly establishing all of the below-listed findings, and giving supporting reasons for each finding. The application may be approved if all of the following findings are made:

• a. The scale and intensity of the proposed use would be consistent with the scale and intensity of land uses intended for the particular zoning district or use module as indicated in the General Plan .

• b. The proposed use at the proposed location, and the manner in which it will be operated and maintained, is consistent with the goals, policies, plans and exhibits of the General Plan.

• c. The proposed use at the proposed location, and the manner in which it will be operated and maintained, is consistent with the objectives and requirements of this Zoning and Development Code and any applicable specific plan.

• d. The establishment, maintenance, and operation of the proposed use at the proposed location would not be detrimental or injurious to property and improvements within the vicinity, nor would it be detrimental to the health, safety, or general welfare of persons residing or working in the surrounding neighborhood.

• e. The establishment, maintenance, and operation of the proposed use at the proposed location would not create cumulative impacts that are detrimental or injurious to property and improvements within the vicinity, nor would it be detrimental to the health, safety, or general welfare of persons residing or working in the surrounding neighborhood.

5. Conditions of Approval

• a. In approving a Conditional Use Permit, the Approving Authority, persuant to the California Government Code (Sec. 65909.) , may require certain safeguards and impose certain conditions established to ensure that the purposes of this Zoning and Development Code are maintained; ensure that the project will not endanger the public health, safety or general welfare; ensure that the project will not result in any significant environmental impacts; ensure that the project will be in harmony with the area in which it is located; and ensure that the project will be in conformity with the General Plan and any applicable specific plan.

• b. The conditions imposed on Conditional Use Permits reasonably related to the project impacts may include, but are not limited to, provisions concerning use, height, area, yards, open spaces, setbacks, parking, loading, signs, improvements (public and private), site design, operational characteristics, use compatibility, general character, appearance, environmental impact, time limits for commencement or termination of the construction or use authorized, revocation and use termination dates, and other conditions the Approving Authority may deem appropriate and necessary to carry out the purposes of the Zoning and Development Code.

(public and private), site design, operational characteristics, use compatibility, general character, appearance, environmental impact, time limits for commencement or termination of the construction or use authorized, revocation and use termination dates, and other conditions the Approving Authority may deem appropriate and necessary to carry out the purposes of the Zoning and Development Code.

• c. A copy of the approving decision or resolution, and related conditions of approval (if any) issued by the Approving Authority must be maintained on site and must be made available for inspection upon demand by a City representative.

Pomona, California | Zoning & Development Code

Adopted July 1, 2024

11-41

Part 11 | Administration

Conditional Use Permit

• d. A Conditional Use Permit must only apply to the approved particular use on a particular property, which may be transferred from one owner of the property to another successive owner of the same property.

• e. All conditions of approval or requirements authorized by this Section are enforceable in the same manner and to the same extent as any other applicable requirement of this Zoning and Development Code.

6. Action by Applicant Following Approval

a. Conditional Use Permit Modification/Revision

1. Conditional Use Permits and/or their conditions of approval may be modified/revised upon application by a project proponent or property owner if different from the proponent. The request must be submitted to the Planning Division on a City application form pursuant to Sec. 1110. Application Filing and Processing .

2. Modifications/revisions to an approved plan or conditions of approval that, in the opinion of the Planning Manager, are not minor in nature, must be processed as a Modified Conditional Use Permit, following the procedures set forth in this Section for Conditional Use Permit approval, except that modification/revision approval must not alter the expiration date established by the original application approval.

b. Voluntary Surrender of a Conditional Use Permit

A Conditional Use Permit approved pursuant to this Zoning and Development Code may be voluntarily surrendered, in writing, by the affected property owner pursuant to Sec. 1140.B.1.c. Revocation or Termination Due to Abandonment of Use .

7. Action by City Following Approval

a. Modification

The Approving Authority must have authority to add, delete, or modify conditions of approval imposed upon a previously granted Conditional Use Permit, based upon one or more of the following circumstances:

1. The Conditional Use Permit granted is being, or has recently been exercised contrary to the terms and/or conditions of application approval;

2. The Conditional Use Permit granted is being, or has recently been exercised in violation of a federal, State or City statute, ordinance, law, or regulation; and/or

3. The Conditional Use Permit granted was exercised in a way that is detrimental to the public peace, health, safety, or welfare, or constitutes a nuisance.

b. Revocation

1. The Approving Authority must have authority to revoke a Conditional Use Permit, based upon one or more of the following findings:

   • i. The Conditional Use Permit approval was obtained by fraud;

11-42 Zoning & Development Code | Pomona, California

Adopted July 1, 2024

Part 11 | Administration

Conditional Use Permit

• ii. The Conditional Use Permit granted is being, or has recently been exercised contrary to the terms and/or conditions of application approval;

• iii. The Conditional Use Permit granted is being or has been exercised in violation of a federal, State or City statute, ordinance, law, or regulation; and/or

• iv. The Conditional Use Permit granted was exercised in a way that is detrimental to the public peace, health, safety, or welfare, or constitutes a nuisance.

2. The Approving Authority’s action to revoke a Conditional Use Permit must have the effect of terminating the permit and denying the privileges granted by the original approval and any subsequent modifications.

c. Revocation or Termination Due to Abandonment of Use

1. A Conditional Use Permit granting a land use, upon substantial evidence established, that is not being exercised, has ceased to exist, or has been suspended for more than 180 consecutive days, may be deemed to be abandoned (cause of action) and may be revoked or terminated solely on the basis of its abandonment.

2. The Approving Authority may determine a conditional use permit to be abandoned, based upon if one or more of the following findings:

   • i. The Conditional Use Permit has not had an active business license in more than 180 consecutive days;

   • ii. The Conditional Use Permit failed to obtain the necessary state or federal licensing;

   • iii. The Conditional Use Permit failed to obtain and finalize the necessary building permits required for said land use;

   • iv. The Conditional Use Permit was never exercised and the land use was never established according but not limited to the following records: business license, building permit, utility bills, other state or federal licensing required for said use;

d. Surrender Confirmation Due to Abandonment of Use

1. The Approving Authority or Property Owner may initiate the surrender and termination of a Conditional Use Permit when sufficient grounds exist, which clearly demonstrate abandonment of the use granted.

2. The Approving Authority may determine a conditional use permit to be abandoned, based upon if one or more of the following findings pursuant to Sec. 1140.B.1.c. Revocation or Termination Due to Abandonment of Use .

8. Action by City Following Approval Procedures

a. Initiation

1. Modification or Revocation

i. Discussion Item Scheduling and Notification

In order to determine that the reasonable grounds Sec. 1140.B. Applicability exist to initiate a permit or certificate modification or revocation, the City must: schedule a

Pomona, California | Zoning & Development Code

Adopted July 1, 2024

11-43

Part 11 | Administration

Conditional Use Permit

discussion item before the Approving Authority; and serve the affected applicant(s) and property occupant(s), and property owner if different from the applicant(s) or property occupant(s), with a Notice of Commencement of Modification/Revocation Consideration. The notice must be sent by certified mail at least 10 days prior to the meeting date of the discussion item, and must contain the following minimum information:

• a) A description of the subject property, including street address, Assessor Parcel Number(s) or legal description;

• b) The name(s) of the owner, and name(s) of occupants if different from the owner;

• c) The project file number and date of issuance;

• d) A description of the authorized land use or development entitlement, or discretionary administrative permit;

• e) Statements supporting one or more of the causes of action contained in Sec. 1140.B. Applicability ;

• f) A statement that the Approving Authority will hold a discussion item within 60 days following the date of the Notice, to determine whether sufficient cause exists and that the Approving Authority, at the conclusion of the discussion item, may hold a hearing to either revoke the entitlement or permit, or take other action as deemed appropriate to ensure entitlement or permit compliance;

• g) A statement that the applicant, owner, and/or occupant may appear in person and/ or be represented by legal counsel, may present oral and documentary evidence, and may call witnesses and may ask questions of witnesses called on behalf of the City; and

• h) The date, time, and place of the discussion.

ii. Discussion Item Conclusion

At the conclusion of the discussion item, if the Approving Authority determines reasonable grounds exist to initiate a permit or certificate modification or revocation, the Approving Authority must direct staff to schedule a hearing pursuant to Sec. 1140.C.1.b.2. Sec. 1120. Public Hearings .

2. Surrender

• i. In order to initiate the surrender and termination of a Conditional Use Permit, the application must be submitted by the property owner or the property owner must provide consent to the Approving Authority to initiate the surrender of a Conditional Use Permit when sufficient grounds exist, which clearly demonstrate abandonment of the use granted.

ii. Public Hearing

Upon determination that reasonable grounds exist to initiate a permit or certificate modification, revocation, or surrender, the City must: schedule a hearing before the Approving Authority, which must be noticed pursuant to Sec. 1120. Public Hearings , based upon the type of application being considered. If Sec. 1120. Public Hearings

11-44 Zoning & Development Code | Pomona, California

Adopted July 1, 2024

Part 11 | Administration

Conditional Use Permit

does not require public notification for the application type being considered, no public notice must be required for the modification/revocation hearing; and serve the affected applicant(s) and property occupant(s), and property owner if different from the applicant(s) or property occupant(s), with a Notice of Commencement of Modification/ Revocation Proceedings. The notice must be sent by certified mail at least 10 days prior to the public hearing date, and must contain the following minimum information:

• a) A description of the subject property, including street address, Assessor Parcel Number(s) or legal description;

• b) The name(s) of the owner, and name(s) of occupants if different from the owner;

• c) The project file number and date of issuance;

• d) A description of the authorized land use or development entitlement, or discretionary administrative permit;

• e) Statements supporting one or more of the causes of action contained in Sec. 1140.B. Applicability ;

• f) A statement that the Approving Authority will hold a public hearing within 60 days following the date of the Notice, to determine whether sufficient cause exists and that the Approving Authority, at the conclusion of the hearing, may either revoke the entitlement or permit, or take other action as deemed appropriate to ensure entitlement or permit compliance;

• g) A statement that the applicant, owner, and/or occupant may appear in person and/ or be represented by legal counsel, may present oral and documentary evidence, and may call witnesses and may ask questions of witnesses called on behalf of the City; and

• h) The date, time, and place of the public hearing.

iii. Hearing

• a) The modification, revocation, or surrender must be heard and acted upon pursuant to the procedures for public hearings contained in Sec. 1120. Public Hearings .

• b) At the conclusion of the hearing, the Approving Authority may take appropriate action to ensure permit or certificate compliance, including the addition, deletion, or modification of conditions of approval, or revocation of the permit or certificate.

iv. Decision and Notice to Property Owner

• a) Within 45 days following the conclusion of the hearing, the Approving Authority must render a decision and must mail notice of the decision, including facts and reasons supporting the causes of action, to the property owner and property occupant, if different from the property owner, and any other interested persons that have filed a written request for the notice.

• b) The decision of the Approving Authority to modify or revoke an approved discretionary permit or action must be final and conclusive in the absence of an appeal filed pursuant to Sec. 1130. Appeals .

Pomona, California | Zoning & Development Code

Adopted July 1, 2024

11-45

Part 11 | Administration

Temporary Use Permit

1160.E. Temporary Use Permit

1. Purpose

To establish a procedure for the control and regulation of land use activities that are of a temporary nature which may adversely affect the public health, safety, and welfare as well as to ensure that temporary uses will be compatible with surrounding land uses, to protect the rights of adjacent residents and land owners, and to minimize any adverse effects on surrounding properties and the environment.

2. Applicability

• a. Pursuant to Sec. 1100.A. Summary of Review Authority , the Approving Authority, as applicable, is hereby empowered to approve, approve in modified form, or deny a Temporary Use Permit, and to impose reasonable conditions upon the approval of the application.

• b. Temporary Use Permit approval must be required prior to the establishment of those temporary land uses, activities and facilities so identified in Sec. 560. Temporary Uses and Structures or as otherwise required by this Code.

3. Application Filing, Processing and Hearing

A Temporary Use Permit application must be filed, processed, and heard pursuant to Sec. 1110. Application Filing and Processing and the provisions of this Section.

4. Findings and Decision

A Temporary Use Permit must be acted upon by the Approving Authority based upon the information provided in the submitted application and only after considering and clearly establishing all of the below-listed findings, and giving supporting reasons for each finding. The application must be denied if one or more of the below-listed findings cannot be clearly established.

• a. The proposed temporary use will be located, operated, and maintained in a manner consistent with the policies of the General Plan and the provisions of the zoning ordinance.

• b. Approval of the application will not be detrimental to property or improvements in the surrounding area or to the public health, safety or general welfare.

• c. The proposed temporary use complies with the various provisions of this ordinance.

• d. All building, electric, plumbing, fire, encroachment or other permits required by City ordinances will be obtained.

5. Conditions of Approval

• a. In approving a Temporary Use Permit, the Approving Authority may impose certain safeguards and standards to ensure that the purposes of this Code are maintained; ensure that the permit will not endanger the public health, safety or general welfare; ensure that the permit will not result in any significant environmental impacts; ensure that the permit will be in harmony with the area in which it is located; and ensure that the permit will be in conformity with the General Plan and any applicable specific plan.

11-46 Zoning & Development Code | Pomona, California

Adopted July 1, 2024

Part 11 | Administration

Variance

• b. The standards and requirements authorized by this Section are enforceable in the same manner and to the same extent as any other applicable requirement of this Development Code.

• c. A copy of the approved Temporary Use Permit must be maintained on site for the duration of the use, activity, or facility authorized, and must be made available for inspection upon demand by a City representative.

1160.F. Variance

1. Purpose

The City’s authority to grant a Variance from the development regulations contained in this Zoning and Development Code is authorized by the California Government Code (Sec. 65906.) , which provides that in cases where special circumstances applicable to a property exist, and the strict application of the development regulations deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning classification, the City may allow deviation from the strict application of the development regulations.

2. Applicability

• a. Pursuant to Sec. 1100.A. Summary of Review Authority , the Approving Authority, is hereby empowered to approve, approve in modified form, or deny a Variance application, and to impose reasonable conditions upon the approval of the application.

• b. A Variance may be approved to allow deviation from any numerical development standard established by this Zoning and Development Code with respect to minimum and/or maximum dimension, area, mass, and quantity, except that a Variance must not be granted for increases in maximum density or floor area ratio.

• c. A variance must not be approved on a lot that authorizes a use or activity that is not otherwise expressly authorized by the zoning district governing the affected lot, nor must the power to approve a Variance extend to any public health or safety standard, as this authority has been precluded by state laws.

3. Application Filing, Processing and Hearing.

A Variance application must be filed, processed, and heard pursuant to Sec. 1110. Application Filing and Processing and the provisions of this Section.

4. Findings and Decision.

A Variance must be acted upon by the Approving Authority based upon the information provided in the submitted application, evidence presented in the Planning Division’s written report, and testimony provided during the public hearing, only after considering and clearly establishing all of the below-listed findings, and giving supporting reasons for each finding. The application must be denied if one or more of the below-listed findings cannot be clearly established.

• a. The strict or literal interpretation and enforcement of the specified regulation would result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of the development regulations contained in this Zoning and Development Code;

Pomona, California | Zoning & Development Code

Adopted July 1, 2024

11-47

Part 11 | Administration

Development Plan

• b. There are exceptional or extraordinary circumstances or conditions applicable to the property involved, or to the intended use of the property, that do not apply generally to other properties in the vicinity and in the same zoning district;

• c. The strict or literal interpretation and enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of other properties in the same zoning district;

• d. The granting of the Variance will not be detrimental to the public health, safety or welfare, or be materially injurious to properties or improvements in the vicinity.

• e. The proposed Variance is consistent with the goals, policies, plans and exhibits of the General Plan, and the purposes of any applicable specific plan, and the purposes of this Zoning and Development Code.

5. Conditions of Approval

• a. In approving a Variance, the Approving Authority, as applicable, may require certain safeguards and impose certain conditions established to ensure that the purposes of this Zoning and Development Code are maintained; ensure that the project will not endanger the public health, safety or general welfare; ensure that the project will not result in any significant environmental impacts; ensure that the project will be in harmony with the area in which it is located; and ensure that the project will be in conformity with the General Plan and any applicable specific plan(s).

• b. All conditions or requirements authorized by this section are enforceable in the same manner and to the same extent as any other applicable requirement of this Zoning and Development Code.

1160.G. Development Plan

1. Purpose

• a. To establish a review process whereby the integrity and character of the physical fabric of the City will be protected in a manner consistent with the goals and policies of the General Plan. This is ensured through the review of:

  1. The suitability of building location;

  2. Location and design of off-street parking and loading facilities;

  3. Location, design and dedication of streets and alleys (public and private facilities);

  4. Location and design of pedestrian and vehicular entrances and exits;

  5. Location, design, materials and colors of walls and fences;

  6. Location, design, size, and type of landscaping (public and private facilities);

  7. Location, design, and materials of hardscape areas, such as patios, sidewalks and walkways (public and private facilities);

  8. Drainage and off-site improvements (public and private facilities);

  9. Compatibility with the surrounding area;

11-48 Zoning & Development Code | Pomona, California

Adopted July 1, 2024

Part 11 | Administration

Development Plan

10. Exterior building architectural design, materials and colors;

11. Quality of proposed design and construction;

12. Location, type, design, colors, and materials of signs; and

13. Any conditions affecting the public health, safety, welfare, and general aesthetic of the community.

• b. Protect and preserve the value of properties and to encourage high quality development throughout the City, whereas adverse effects would otherwise result from excessive uniformity, dissimilarity, poor exterior quality and appearance of buildings and structures; inadequate and poorly planned landscaping; and failure to preserve, where feasible, natural landscape features, and open spaces.

• c. Recognize the interdependence of land values and aesthetics, and to provide a method to implement this interdependence in order to maintain the values of surrounding properties and improvements consistent with the General Plan, with due regard to the public and private interests involved.

• d. Ensure that the public benefits derived from expenditures of public funds for improvement and beautification of streets and public facilities are protected by the exercise of reasonable controls over the character and design of private buildings, structures, parking and loading facilities, landscaped areas, recreation amenities and open spaces.

• e. Ensure the design of landscaping and irrigation that shades parking facilities and other paved areas, buffers or screens undesirable views and compliments building architecture and overall site design.

• f. Ensure reasonable controls over the character, design and location of signs, and the appropriate use of well-designed signs that complement the architecture of surrounding buildings, while considering the public and private interests involved and the exercise of control over the undesirable use of excessive signage.

2. Applicability

• a. Pursuant to Sec. 1100.A. Summary of Review Authority , the Approving Authority is hereby empowered to approve, approve in modified form, or deny a Development Plan application, and to impose reasonable conditions upon a Development Plan approval.

• b. Development Plan approval must be required for the physical alteration of a lot, the construction of a building, or the addition or significant alteration of an existing building, as follows:

Pomona, California | Zoning & Development Code

11-49

Adopted July 1, 2024

Part 11 | Administration

Development Plan

• c. A Development Plan must remain in effect for the life of the affected development project, which must be developed and maintained in conformance with the plans as approved by the Approving Authority and must be maintained on file with the City.

3. Application Filing, Processing and Hearing

A Development Plan application must be filed, processed and heard pursuant to Sec. 1110. Application Filing and Processing and the provisions of this Section.

4. Findings and Decision

A Development Plan must be acted upon by the Approving Authority based upon the information provided in the submitted application, evidence presented in the Planning Division’s written report, and testimony provided during the public hearing, only after considering and clearly establishing all of the below-listed findings, and giving supporting reasons for each finding. The application must be denied if one or more of the below- listed findings cannot be clearly established.

• a. The proposed development at the proposed location is consistent with the goals, policies, plans and exhibits of the General Plan;

• b. The proposed development is compatible with those on adjoining sites in relation to location of buildings, with particular attention to privacy, views, any physical constraint identified on the site and the characteristics of the area in which the site is located;

• c. The proposed development will complement and/or improve upon the quality of existing development in the vicinity of the project and the minimum safeguards necessary to protect the public health, safety and general welfare have been required of the proposed project;

• d. The proposed development is consistent with the development standards and design guidelines set forth in the Zoning and Development Code, or applicable specific plan or planned unit development.

11-50 Zoning & Development Code | Pomona, California

Adopted July 1, 2024

Part 11 | Administration

Wireless Telecommunications Facility Permit

5. Conditions of Approval

• a. In approving a Development Plan application, the Approving Authority may require certain safeguards and impose certain conditions established to ensure that the purposes of this Zoning and Development Code are maintained; ensure that the project will not endanger the public health, safety or general welfare; ensure that the project will not result in any significant environmental impacts; ensure that the project will be in harmony with the area in which it is located; and ensure that the project will be in conformity with the General Plan and any applicable specific and/or area plan(s).

opment Code are maintained; ensure that the project will not endanger the public health, safety or general welfare; ensure that the project will not result in any significant environmental impacts; ensure that the project will be in harmony with the area in which it is located; and ensure that the project will be in conformity with the General Plan and any applicable specific and/or area plan(s).

• b. Conditions of approval imposed upon a Development Plan approval may include, but is not limited to, provisions concerning building height, bulk or mass; setbacks; lot coverage; lighting; private and common open space, and/or recreation amenities; screening, including garages, trash receptacles, mechanical and roof-mounted equipment and appurtenances; landscaping; walls and fences; vehicular parking, access and circulation; pedestrian circulation; on-site security; grading; street dedication and improvements (public and private); on and off-site public improvements (public and private) necessary to service the proposed development; project timing/phasing; loading and outdoor storage; architectural treatment; signage; vehicular trip reduction; graffiti removal; sound attenuation; reparation and recordation of covenants, conditions and restrictions, mutual access agreements, maintenance agreements and other similar agreements; property disclosure pursuant to the California Businesse and Professions Code (Sec. 11000 et seq.) ; and other conditions the Approving Authority may deem appropriate and necessary to carry out the purposes of the Zoning and Development Code.

• c. All conditions of approval or requirements authorized by this Section are enforceable in the same manner and to the same extent as any other applicable requirement of this Zoning and Development Code.

1160.H. Wireless Telecommunications Facility Permit

1. Purpose

The purpose of this Section is to establish a procedure to ensure that a degree of compatibility is maintained with respect to certain uses on certain properties, due to their nature, intensity or size, or to compensate for variations and degrees of technological processes and equipment as related to the generation of noise, smoke, dust, fumes, vibration, odors and other practical hazards.

2. Applicability

• a. Pursuant to Sec. 1100.A. Summary of Review Authority , the Approving Authority, as applicable, is hereby empowered to approve, approve in modified form, or deny a Wireless Telecommunications Facility Permit, and to impose reasonable conditions upon the approval of the application.

• b. Wireless Telecommunications Facility Permit approval must be required prior to the establishment or expansion as identified in Sec. 520. Allowed Uses , and Sec. 540. Use Standards .

Pomona, California | Zoning & Development Code

Adopted July 1, 2024

11-51

Part 11 | Administration

Wireless Telecommunications Facility Permit

3. Application Filing, Processing, and Hearing

A Wireless Telecommunications Facility Permit application must be filed, processed, and heard pursuant to Sec. 1110. Application Filing and Processing and the provisions of this Section. The application at minimum must include the following information and documentation:

a. Applicant Information

1. The name, business address, telephone number, fax number and, if available, e-mail address of the applicant or co-applicants.

2. The following persons must be identified as applicants/co-applicants on any application form:

   • i. The property owner;

   • ii. The wireless service provider who will use the proposed wireless facility, wireless transmission device and any related support structures and accessory equipment; and

   • iii. The wireless facility owner, if different from either the property owner or the wireless service provider.

b. Project Location

The street address and assessor's parcel number of the real property where the wireless facility, wireless transmission device, support structures and/or accessory equipment will be located.

c. Property Easements

The location and description of all easements, including public utility easements, encumbering the real property parcel where the wireless facility, wireless transmission device, support structures and/or accessory equipment will be located.

d. Coverage and Other Service Objectives

1. A general summary of those specific service objectives which the applicant seeks to attain or address through its proposal, (e.g., whether it is to add additional network capacity; increase existing signal strength; or provide new radio frequency coverage);

2. A general summary of the nature, location and geographic boundaries of any purported gap in network coverage and a summary of the scope of such a gap at various locations within its identified geographic boundaries (e.g., whether and where it extends to in-building coverage, in-vehicle coverage and/or outdoor coverage);

3. A general summary of the applicant's good faith efforts to identify, study and evaluate less intrusive alternatives, including the use of less intrusive technologies and equipment; alternative system designs; alternative siting structure types; alternative siting structure design, including stealth facility designs; alternative scale or size; and alternative siting options (e.g., alternative locations within the search ring, collocation opportunities or placement upon alternative siting structures);

4. A general explanation as to why specific circumstances, conditions or other factors render each of the alternatives identified pursuant to Sec. 1170.G.3.d.3. , above, incapable of reducing any purported coverage gap to a de minimis level.

11-52 Zoning & Development Code | Pomona, California

Adopted July 1, 2024

Part 11 | Administration

Wireless Telecommunications Facility Permit

e. Project Description

1. The specific location within the real property parcel of any proposed wireless facility and any proposed wireless transmission devices, support structures or accessory equipment;

2. A detailed description of the design, shape, color(s), and material composition of any support structures, accessory equipment and antennas or other wireless transmission devices included as part of the proposal;

3. The design and screening treatment selected for the proposal; and

4. Whether any proposed support structures or any existing support structure is structurally suitable and capable of accommodating (i.e., collocating) additional antennas or other wireless transmission devices as well as accessory equipment.

f. Maintenance and Monitoring Plan

The applicant must include within any completed application form a description of the anticipated maintenance and monitoring program for the wireless facility, wireless transmission devices, accessory equipment, or support structures proposed.

g. Noise and Acoustical Information

An inventory and description of any proposed noise-generating wireless transmission devices and accessory equipment, including, but not limited, to air conditioning units and back-up generators. The description must set forth noise and acoustical information including anticipated decibel levels of noise which would be produced.

h. Disclosure of Removal Costs

For the purpose of establishing the appropriate amount of any performance bond or other security required by Sec. 540. Use Standards for the removal of any approved wireless facility, wireless transmission device and related support structures and/or accessory equipment, the applicant must state the reasonable estimated cost of removing any approved wireless facility, wireless transmission device and related support structures and/or accessory equipment. The applicant must supplement the application with substantial evidence that corroborates its removal cost estimate.

i. Site Plan

1. The precise location within a real property parcel of all proposed wireless facilities, wireless transmission devices, support structures and/or accessory equipment;

2. All existing structures, utilities, lighting, signage, walls, fences, trees, landscaped areas, and other significant natural features, walkways, driveways, parking areas, streets, alleys, easements, and setbacks situated upon the real property parcel where the wireless facility, wireless transmission device, support structures and/or accessory equipment will be located, including, for proposed administrative collocations, a depiction of the existing wireless facility for which collocation is proposed in both "before" and "after" conditions based upon all proposed collocation equipment; and

3. All existing structures, utilities, lighting, signage, walls, fences, trees, landscaped areas, and other significant natural features, walkways, driveways, parking areas, streets, alleys,

Pomona, California | Zoning & Development Code

Adopted July 1, 2024

11-53

Part 11 | Administration

Wireless Telecommunications Facility Permit

easements, and setbacks situated upon real property parcels immediately adjacent to the subject real property parcel.

j. Elevations and Section Drawings

Elevations and section drawings of the proposed wireless facility and/or all proposed wireless transmission devices, support structures, and accessory equipment. The applicant must also submit composite elevations from the street of all buildings, structures and other improvements on-site.

k. Preliminary Landscape Plan

A preliminary landscape plan which depicts all landscaping and screening. Such plan must:

1. Identify and describe existing surrounding landscaping and landscape vegetation (i.e., trees, shrubs and plants);

2. Identify and describe vegetation to be removed;

3. Depict and describe in terms of type, size and location proposed plantings of new landscape vegetation, and demonstrate how the landscaping and landscape vegetation will be designed and configured to screen wireless facilities, wireless transmission devices, support structures, and accessory equipment from public view or better camouflage stealth-designed facilities, devices and equipment;

4. Describe an irrigation plan for any existing and proposed landscaping surrounding the proposed facilities, devices and equipment and must demonstrate efforts to incorporate aesthetically compatible drought tolerant varieties of vegetation;

5. Depict a plan for the preservation of existing, un-removed vegetation during construction and installation phases; and

6. Demonstrate the availability of any required irrigation facilities on-site. The requirement for a landscape, screening and landscape irrigation plan is not required for roof-mounted wireless transmission devices and accessory equipment, except that the applicant must still submit a plan demonstrating and depicting any screening of such equipment pursuant to this Section.

l. Visual Analysis

Along with a completed application form, each applicant must submit a visual impact analysis including scaled elevation diagrams which:

1. Demonstrates the potential visual impacts of any proposed wireless facility, wireless transmission device, support structure, or accessory equipment;

2. Includes before and after photo simulations from various locations and/or angles from which the public would typically view the site and includes a map depicting where the photos were taken; and

3. Where the installation would be readily visible from the public right-of-way or from surrounding properties, the application must include an explanation as to why, if screening or other techniques to minimize the visibility are not proposed, such approaches to reduce the visibility of the installation would not be feasible or effective.

11-54 Zoning & Development Code | Pomona, California

Adopted July 1, 2024

Part 11 | Administration

Wireless Telecommunications Facility Permit

4. The Development Services Director or their designee may require a field mock-up to assess any potential visual impact including proper coloration and blending of the facility with the proposed site.

m. Justification Report

Along with a completed application form, the applicant must also submit a justification report which:

1. Describes and explains in detail those specific service objectives which the applicant seeks to attain or address through its proposal, (e.g., whether it is to add additional network capacity; increase existing signal strength; or provide new radio frequency coverage);

2. Describes and depicts the nature, location and geographic boundaries of any purported gap in network coverage and the applicant's corresponding search ring;

3. Describes and depicts the scope of any purported gap in network coverage at various locations within its identified geographic boundaries (e.g., whether and where the gap extends to in-building coverage, in-vehicle coverage and/or outdoor coverage);

4. Includes justification maps which identify the applicant's search ring, the location of alternative sites considered, the location of the proposed site, all existing and approved wireless facilities and/or wireless transmission devices within a one-mile radius of the proposed site and collocation opportunities or alternative site structure opportunities within the search ring;

5. Demonstrates, describes and explains in detail the applicant's good faith efforts to identify, study, evaluate and consider other less intrusive alternatives, including:

   • i. The use of less intrusive technologies and equipment;

   • ii. Alternative system designs;

   • iii. Alternative siting structure types;

   • iv. Alternative siting structure designs, including stealth designs;

   • v. Alternative scale or size; and

   • vi. Alternative siting options (e.g., alternative locations within the search ring, collocation opportunities or placement upon alternative siting structures);

6. Explains how specifically identified circumstances, physical conditions or other factors render each of the other alternatives identified, studied, evaluated and considered incapable of reducing any purported coverage gap to a de minimis level;

7. Explains why and how the proposal for which the applicant seeks approval is the least intrusive means in terms of feasible technology, system design, aesthetic design, size, scale and location for reducing any purported coverage gap to a de minimis level.

n. Propagation and Coverage Reports

1. The justification report must be accompanied by a radio frequency engineer's propagation and coverage report and corresponding maps which identify, describe and depict:

Pomona, California | Zoning & Development Code

Adopted July 1, 2024

11-55

Part 11 | Administration

Wireless Telecommunications Facility Permit

• i. The location and geographic scope of any purported gap in network coverage; and

• ii. The nature and scope of the coverage gap (e.g., whether it extends to in-door, in-vehicle and/or outdoor service and/or whether it is the result of inadequate network capacity).

2. Signal level indicators on maps must show specific power levels on the map in colors easily distinguishable from the base paper or transparency layer and must be adequately identifiable by radio frequency (RF) level in dBm and map color or gradient in the map legend.

3. The applicant must submit maps depicting existing coverage; the coverage provided by the proposal excluding existing coverage; and existing coverage combined with the coverage provided by the proposal.

4. The propagation and coverage report and corresponding maps must be prepared by a qualified and duly licensed radio frequency engineer.

o. Narrative Description and Map of Other Facilities

A narrative description and map disclosing and depicting the exact location and type of all existing wireless facilities and wireless transmission devices, including support structures, and accessory equipment owned and/or used by the applicant to provide coverage within any portion of the city whether or not such facilities, devices, structures or equipment are located within the city or outside of the city.

p. FCC and CPUC Approvals

1. Copies of all valid and applicable licenses, permits or other approvals required by the FCC or the California Public Utilities Commission ("CPUC") for the use, operation and maintenance, construction and placement of the wireless facility, wireless transmission device(s), support structure(s), and accessory equipment for which approval is sought.

2. If no such licenses, permits or other approvals are required of the applicant by the FCC or the CPUC, the applicant must explain and declare under penalty of perjury the reason why such licenses, permits or other approvals are not required.

q. Radio Frequency Emissions and Signal Interference Analysis

Along with a completed application form, each applicant must submit a written analysis prepared by a qualified and duly licensed radio frequency engineer which:

1. Determines and states the power rating for all wireless transmission devices and accessory equipment included in the applicant's proposal;

2. Provides a description of the specific services that the applicant proposes to offer or provide in conjunction with the proposed wireless facility or wireless transmission device;

3. Verifies that the proposal, including all wireless transmission devices and accessory equipment conform to the non-ionizing electromagnetic radiation ("NIER") standards adopted by the FCC;

4. Confirms that the use and operation of all proposed wireless transmission devices and accessory equipment will not exceed adopted FCC standards, including, but not limited to, FCC requirements that power densities in inhabited areas not exceed the FCC's Maximum

11-56 Zoning & Development Code | Pomona, California

Adopted July 1, 2024

Part 11 | Administration

Wireless Telecommunications Facility Permit

Permissible Exposure ("MPE") limits for electric and magnetic field strength and power density for transmitters. Such analysis must:

• i. Address both the individual impact of any proposed wireless transmission device and accessory equipment, as well as their cumulative impact:

  • a) If collocated upon a single support structure or alternative siting structure;

  • b) If placed upon a real property parcel already containing a wireless facility, wireless transmission devices, and/or accessory equipment; or

• c) If placed upon a real property parcel immediately adjacent to another real property parcel containing a wireless facility, wireless transmission device, and/or accessory equipment;

5. Describes all appropriate operating parameters and maintenance requirements necessary to comply with all applicable FCC standards, including radio frequency emissions standards and standards relating to signal interference with consumer electronic products and/or public safety communications;

6. Confirms that all proposed wireless transmission devices and accessory equipment will be operated in a manner that complies with FCC regulations regarding radio frequency emissions and standards relating to signal interference with consumer electronic products and/or public safety communications;

7. In addition its technical narrative and discussion of the issues to be addressed, the analysis must also include a nontechnical executive summary presented in a concise and easyto-read format that clearly explains in a nontechnical manner the current site conditions, conditions with the proposed wireless facility, wireless transmission devices and/or accessory equipment included and FCC thresholds as they relate to all applicable emissions standards.

r. Collocation Agreement

1. Each application proposing the construction of a new monopole, lattice tower, or guyed structure must include a signed statement whereby the applicant agrees, as a condition to any approval, to permit the collocation upon the support structure to accommodate additional wireless transmission devices and accessory equipment.

2. The application must also include a signed statement whereby the applicant agrees, as a condition of any approval, to refrain from entering into any exclusive agreement(s) or arrangement(s) that would prevent the type of collocation contemplated under this section.

4. Findings and Decision

• a. A Wireless Communications Facility Permit must be acted upon by the Approving Authority based upon the information provided in the submitted application, evidence presented in the Planning Division’s written report, and testimony provided during the public hearing, only after considering and clearly establishing all of the below-listed findings, and giving supporting reasons for each finding.

• b. The application must be denied if one or more of the below-listed findings cannot be clearly established.

Pomona, California | Zoning & Development Code

Adopted July 1, 2024

11-57

Part 11 | Administration

Wireless Telecommunications Facility Permit

1. The Wireless Communications Facility permitee has demonstrated to the City a good faith effort to locate on an approved facility or has demonstrated that colocation is not technically feasible due to coverage needs, potential interference, or other technical issues.

2. There is adequate space on the property for the antenna and support equipment without conflicting with existing buildings or other structures on the property, or reducing required parking, landscaping setbacks or other development standards.

3. The wireless communication facility is designed in a manner as to eliminate the possibility of any adverse visual impacts on the neighboring uses.

4. The design and placement of the antenna and support equipment will not adversely impact the use of the property, other buildings and structures located on the property, or the surrounding area or neighborhood.

5. The antenna and support equipment as proposed are consistent with the intent of this section and comply with the operational standards and any applicable special sections.

6. The applicant has demonstrated that the wireless communications facility will have the least possible visual impact on the environment taking into account technical, engineering, economic and other relevant factors.

11-58 Zoning & Development Code | Pomona, California

Adopted July 1, 2024

Part 11 | Administration

Ministerial Permit

Sec. 1170. Administrative Review

1170.a. Purpose

To prescribe procedures for the consideration of administrative (ministerial) reviews or decisions by the Reviewing Authorities established by Sec. 1100.A. Summary of Review Authority . Administrative permits and decisions consist of City actions and determinations that involve little or no personal judgment by a public official as to the wisdom or manner of carrying out a project. The public official merely applies the law to the facts as presented but uses no special discretion or judgment in reaching a decision. A ministerial decision involves only the use of fixed standards or objective measurements.

1170.B. Applicability

The Reviewing Authorities established by Sec. 1100.A. Summary of Review Authority must consider an administrative review or decision pursuant to the general provisions prescribed by Sec. 1110. Application Filing and Processing , and the provisions of this Chapter that are specific to each discretionary permit or action stipulated herein.

1170.C. Ministerial Permit

1. Purpose

• a. To establish a procedure to ensure that land uses that have been determined to be allowed byright can be reviewed and formally established in an objective, ministerial manner.

• b. To establish a start date for by-right land uses that can be relied upon to make determinations on questions of nonconformity or cessation of uses, among other considerations.

• c. To establish regulations that can be referred to in the event that a by-right use is operating contrary to the provisions of this Code and of any applicable special use standards and requires the enforcement of said codes.

• d. To establish a process for the revocation of by-right uses in specific, qualifying circumstances.

2. Applicability

• a. Pursuant to Sec. 1100.A. Summary of Review Authority , the Approving Authority, as applicable, is hereby empowered to approve, approve in modified form, or deny a Ministerial Permit, but must not impose conditions upon the approval of the application.

• b. Ministerial Use Permit approval must be required prior to:

1. The establishment of those land uses, activities and facilities so identified in Sec. 520. Allowed Uses as permitted (“P”) or permitted with use standards (“*”), with the exception of Dwelling Unit; and

   2. The alteration/expansion of an existing use or structure which requires a Ministerial Permit pursuant to Sec. 1200.K. Project Activities .

Pomona, California | Zoning & Development Code

11-59

Adopted July 1, 2024

Part 11 | Administration

Ministerial Permit

3. Application Filing, Processing, and Hearing

A Ministerial Use Permit application must be filed, processed, and approved pursuant to Sec. 1110. Application Filing and Processing and the provisions of this Section.

4. Findings and Decision

A Ministerial Use Permit must be acted upon by the Approving Authority based upon the information provided in the submitted application and after a review of all applicable, objective, written use standards and regulations of this Section and Code at the time of a complete application, and must not be approved with findings of fact.

5. Appeal of Ministerial Permit Denial

Appeals of Ministerial Permit denials may be taken to the Approving Authority and must follow the procedures in Sec. 1130. Appeals .

6. Time Limits

An approved Ministerial Permit is valid for a maximum time period of 12 consecutive months. Approvals for land use(s) must be renewed annually.

7. Action by Applicant Following Approval

• a. Ministerial Permits may be modified/revised upon application by a project proponent or property owner if different from the proponent. The request must be submitted to the Planning Division on a City application form pursuant to Sec. 1110. Application Filing and Processing .

• b. Modifications and revisions to an approved Ministerial Permit that, in the opinion of the Planning Manager, are not minor in nature, must be processed as a new Ministerial Permit, following the procedures set forth in this Section for Ministerial Permit approval.

8. Action by City Following Approval

a. Revocation

1. The Approving Authority must have authority to revoke a Ministerial Permit, based upon one or more of the following findings:

   • i. The Ministerial Permit approval was obtained by fraud;

   • ii. The Ministerial Permit granted is being, or has recently been exercised contrary to applicable City Code and Zoning and Development Code regulations, inclusive of any use standards applicable to said use at the time of approval;

   • iii. The Ministerial Permit granted is being or has been exercised in violation of a Federal, State or City statute, ordinance, law, or regulation; and

   • iv. The Ministerial Permit granted was exercised in a way that is detrimental to the public peace, health, safety, or welfare, or constitutes a nuisance.

11-60 Zoning & Development Code | Pomona, California

Adopted July 1, 2024

Part 11 | Administration

Alternative Compliance

2. The Approving Authority’s action to revoke a Ministerial Permit must have the effect of terminating the permit and denying the privileges granted by the original approval and any subsequent modifications.

1170.D. Alternative Compliance

1. Purpose

To provide an applicant with the opportunity to propose an alternative design standard that meets or exceeds the intent an applicable Zoning & Development Code standard.

2. Applicability

Alternative Compliance applies to development projects that do not comply with a design, development, or performance standard required by this Code, and the applicant proposes an alternative standard or condition that does not substantially alter the execution or intent of the regulations that apply to a proposed development. Alternative Compliance eligibility is established in a standard's rules, and are limited to:

• a. Allowing required outdoor amenity space to be provided indoors for industrial uses, pursuant to Sec. 380.B. Outdoor Amenity Space Design Standards ;

• b. Allowing an increase in maximum build-to depth to preserve existing trees, pursuant to Sec. 470. Build-To ;

• c. Allowing an alternative fire apparatus road design standard, pursuant to Sec. 610.A. Vehicle Access ; and

• d. Bringing a nonconforming structure into conformity if the project meets or exceeds the intent of the standards of this Code.

3. Application Filing and Processing

An application for Alternative Compliance must be filed, processed, and heard pursuant to Sec. 1110. Application Filing and Processing and the provisions of this Section.

4. Findings and Decision

• a. The Director of Development Services is authorized to approve requests for Alternative Compliance.

• b. The Director of Development Services must review each application and approve, approve in modified form, or deny an application, and may impose reasonable conditions based on the standards as defined in this Zoning & Development Code and any applicable design guidelines.

5. Appeal of Administrative Decision

Appeals of administrative decisions may be taken to the Planning Commission and will follow the procedures in Sec. 1130. Appeals .

Pomona, California | Zoning & Development Code

11-61

Adopted July 1, 2024

Part 11 | Administration

Director Determination

1170.E. Director Determination

1. Applicability

Director Determination applies to development projects that includes a proposed use which is not expressly listed or defined in Sec. 530. Use Defnitions .

2. Application Filing, Processing, and Hearing

An application for Director Determination must be filed, processed, and heard pursuant to Sec. 1150. Legislative Review .

3. Findings and Decision

See Sec. 530.A.2. Determination of Similarity .

4. Appeal of Administrative Decision

Appeals of administrative decisions on an Director Determinations may be taken to the Approving Authority and must follow the procedures in Sec. 1130. Appeals .

11-62 Zoning & Development Code | Pomona, California

Adopted July 1, 2024

Part 11 | Administration

Final Map and Parcel Map

Sec. 1180. Subdivision Review

1180.a. Purpose

To prescribe procedures for the consideration of subdivision reviews or decisions by the Reviewing Authorities established by Sec. 1100.A. Summary of Review Authority , pursuant to the California Subdivision Map Act.

1180.B. Applicability

The Reviewing Authorities established by Sec. 1100.A. Summary of Review Authority must consider an subdivision review or decision pursuant to the general provisions prescribed by Sec. 1110. Application Filing and Processing , and the provisions of this Chapter that are specific to each permit or action stipulated herein.

1180.C. Certificate of Compliance

1. Application Filing, Processing and Hearing

A Certificate of Compliance application must be filed, processed, and heard pursuant to Sec. 1110. Application Filing and Processing .

2. Findings and Decision

See Sec. 1020.B. Map Review .

3. Appeal of Final Map and Parcel Map Decision

Appeals of Certificate of Compliance decisions may be taken to the Approving Authority and must follow the procedures in Sec. 1130. Appeals .

1180.D. Final Map and Parcel Map

1. Application Filing, Processing and Hearing

A Final Map and Parcel Map application must be filed, processed, and heard pursuant to Sec. 1110. Application Filing and Processing and the provisions of Sec. 1020.C. Map Filing .

2. Findings and Decision

See Sec. 1020.C. Map Filing .

3. Appeal of Final Map and Parcel Map Decision

Appeals of Final Map and Parcel Map decisions may be taken to the Approving Authority and must follow the procedures in Sec. 1130. Appeals .

Pomona, California | Zoning & Development Code

11-63

Adopted July 1, 2024

Part 11 | Administration

Map Correction and Amendment

1180.E. Map Correction and Amendment

1. Application Filing, Processing and Hearing

A Map Correction and Amendment application must be filed, processed, and heard pursuant to Sec. 1110. Application Filing and Processing and the provisions of Sec. 1020.G. Modifcation of Recorded Final Map .

2. Findings and Decision

See Sec. 1020.B. Map Review .

3. Appeal of Final Map and Parcel Map Decision

Appeals of Map Correction and Amendment decisions may be taken to the Approving Authority and must follow the procedures in Sec. 1130. Appeals .

1180.F. Parcel Map Waiver

1. Application Filing, Processing and Hearing

A Parcel Map Waiver application must be filed, processed, and heard pursuant to Sec. 1110. Application Filing and Processing and the provisions of Sec. 1020.C. Map Filing .

2. Findings and Decision

See Sec. 1000.B.1. Parcel Map (Minor Subdivision) .

3. Appeal of Parcel Map Waiver Decision

Appeals of Parcel Map Waiver decisions may be taken to the Approving Authority and must follow the procedures in Sec. 1130. Appeals .

11-64 Zoning & Development Code | Pomona, California

Adopted July 1, 2024

Part 11 | Administration

Designation of Local Historic Landmarks, Districts and Points of Historical Interest

Sec. 1190. Historic Preservation Review

1190.a. Additional Requirements

1. Requests to establish or modify a Historic District or Historic Landmark (-H) may originate with the City Council, the Historic Preservation Commission, the Administrator, any interested citizen, or citizen group. Any application for designation must be submitted In accordance with Section Sec. 800. Historic Preservation .

2. The designation application along with the request for a Zoning and Development Code Amendment processed according to the procedures in this Section and Sec. 1160.D. Conditional Use Permit . The Historic Preservation Commission must conduct a preliminary consideration of the proposed area's eligibility based on the standards in this Section. The Historic Preservation Commission will provide a report and recommendation to the City Council on the application. The Historic Preservation Commission has the authority to recommend the City Council designate properties, therefore, Historic Preservation Commission, not the Planning Commission, must review all applications concerning a zoning map amendment regarding the (-H) Overlay.

1190.B. Designation of Local Historic Landmarks, Districts and Points of Historical Interest

1. Applications for Designation

• a. Any person or group, including the City, may request the designation of an Historical Resource as an Historic Landmark, District, or Point of Historical Interest by submitting an application to the City.

• b. All Applications must include:

  1. Documentation indicating how the nominated resource meets the applicable designation criteria as determined by the director.

  2. As part of the application for historic district designation, the applicant must provide a set of mailing labels containing the names and addresses of all property owners of properties within the proposed historic district as shown on the latest equalized Los Angeles County assessment rolls.

  3. Any other information determined to be necessary for review of the proposed work.

  4. Required Fee(s).

2. Notice to Property Owner

When the property owner(s) is not the applicant for the designation, they will be notified by first class mail.

3. Initial Review

Within thirty 30 days of filing, the Development Services Director will review all applications for completeness and accuracy before they are accepted as complete.

Pomona, California | Zoning & Development Code

11-65

Adopted July 1, 2024

Part 11 | Administration

Designation of Local Historic Landmarks, Districts and Points of Historical Interest

a. Notification of Applicant

1. The applicant will be informed by a letter that the application is either complete and has been accepted for processing; or that the application is incomplete and that additional information, specified in the letter, must be provided.

2. When an application is incomplete, the time used by the applicant to submit the required additional information will not be considered part of the time within which the determination of completeness must occur. The time available to an applicant for submittal of additional information is limited by Sec. 1110.G. Applicant Failure to Complete Application Processing .

b. Expiration of Application

An application will be withdrawn if it is not completed pursuant to Sec. 1110.G. Applicant Failure to Complete Application Processing .

4. Community Meeting

When a neighborhood is nominated to be a Historic District, a community meeting will be held for the owners of every property proposed to be included in the district to discuss the proposed district.

5. Historic Preservation Commission

The Historic Preservation Commission will evaluate each application for Landmark, District, or Point of Historical Interest nomination, in accordance with the criteria established in Sec. 800.C.2. Designations , at a public hearing, and will decide by majority vote whether to approve any nomination and forward it to the City Council with a recommendation for Historic Designation.

• a. The Secretary will set the time and place for such hearings, which may be continued from time to time.

• b. The Secretary will give the applicant and property owner(s) notice of the time, place and purpose of such hearings in writing. Notice will be postmarked 30 days prior to the hearing.

• c. Following the Hearing, the Commission will recommend City Council approval of, or reject, the nomination by resolution. If the Commission votes to nominate the Historic Resource for designation, the Secretary will forward the nomination to the City Council with a written recommendation for designation. If the Commission votes to reject the nomination, the nomination will not be forwarded to the City Council, unless the decision of the Commission is appealed.

6. City Council

The City Council has sole authority to designate an Historic Resource as an Historic Landmark, Historic District, or Point of Historical Interest:

• a. Within 10 days of the Historic Preservation Commission’s nomination, the Secretary will send a copy of the Historic Landmark or District nomination to the City Clerk. The Clerk or their designee will set a public hearing at which the City Council will consider the Commission’s recommendation.

• b. The Secretary will give the applicant and property owner(s) notice of the Council hearing time and place at least ten days prior to the hearing date, together with a copy of the Commission's

11-66 Zoning & Development Code | Pomona, California

Adopted July 1, 2024

Part 11 | Administration

Designation of Local Historic Landmarks, Districts and Points of Historical Interest

written Recommendation to the Council, according to the noticing procedures in Sec. 1120.C. Public Hearing Notices .

• c. Following the hearing, the Council will adopt or reject the Historic Designation or, at its discretion, continue consideration of the matter, or refer the proposed designation to the Commission for further review within a period of time the Council sets.

• d. Designation of an Historic Resource as an Historic Landmark, District, or Point of Historical Interest will be by resolution and will reference the specific criteria and/or findings on which the Historic Designation is based.

• e. All buildings or structures designated as Historic Landmarks or as part of an Historic District pursuant to this Chapter will be so recorded by the City in the office of the Los Angeles County Recorder. The recorded document will contain the name of the owner or owners, a legal description of the property, the date and substance of the designation, a statement explaining that alteration, relocation or demolition are restricted, and a reference to this Section authorizing the recordation.

7. Owner Objection to Designation

• a. No property will be designated an historic landmark if the owner objects to the designation, unless the City Council makes the findings listed in Sec. 11100.B.8. City Council Override of Owner’s Objection to Designation , below.

• b. No area will be designated an historic district if a majority of the property owners of the contributing properties to the proposed district object, unless the City Council makes the findings listed in Sec. 11100.B.8. Owner Objection to Designation , below.

• c. Objections may occur in writing or verbally at the designation hearing.

8. City Council Override of Owner’s Objection to Designation

The City Council may designate an historic landmark or historic district over the objection of the owner(s) as described Sec. 11100.B.7. City Council Override of Owner’s Objection to Designation , above, if all of the following findings can be made:

• a. The historic landmark meets the criteria for designation under Sec. 800.C.2.a. Historic Landmark Designation Criteria , or the historic district meets the criteria for designation under Sec. 800.C.2.b. Historic District Designation Criteria ;

• b. The landmark or district is an especially valuable historic resource as compared to other designated resources in the city; and

• c. The historic landmark or historic district is of special interest to the community; and

• d. The social benefit of designating the historic landmark or historic district can be shown by clear and convincing evidence to outweigh the private burden of designation and designation would not damage the owner of the property unreasonably in comparison to the benefit conferred on the community.

Pomona, California | Zoning & Development Code

11-67

Adopted July 1, 2024

Part 11 | Administration

Determination of Historic Eligibility

9. Zoning Map Amendment

• a. All designated historic landmarks and historic districts will include a zoning map amendment to include an (-H) overlay abbreviation as described in Sec. 800.D.2 . Zoning District . This amendment will also include an abbreviation for the second bracket of the applicable zoning district as described in Sec. 800.D.3. Zoning District Brackets .

• b. The designation will include the procedures for a zoning map amendment in Sec. 1150.F. Zone Change , with the following exception: the Historic Preservation Commission will make the recommendation to the City Council regarding any map amendment regarding the (-H) Overlay instead of the Planning Commission.

1190.C. Determination of Historic Eligibility

1. Any property owner may request the Historic Preservation Commission make a determination as to a property’s eligibility for historic designation. In addition, any request to demolish a structure 50 years old or older automatically requires review and an eligibility determination.

2. Upon receipt of a request to make an historic resource eligibility determination, the Zoning Adminstrator or their designee will schedule the property for review by the Historic Preservation Commission at their next meeting (subject to noticing requirements).

3. The Zoning Administrator or their designee will research the property and make a recommendation to the Commission as to whether the property meets any of the local, State or National designation criteria and if it has sufficient integrity to warrant designation.

4. The Historic Preservation Commission will make a determination whether or not the property is eligible for designation.

1190.D. Certificates of Appropriateness

1. Applicability

A certificate of appropriateness is required for any property located in an historic district or property designated as a historic landmark (-H) per Sec. 800.C.7. Certifcate of Appropriateness .

2. Procedures

• a. The Development Services Director or their designee will review all proposed work on any Historical Resource to determine if a Certificate of Appropriateness is required.

• b. If the Development Services Director determines the proposed work is consistent with the applicable design standards and guidelines, as adopted by the Historic Preservation Commission, and the proposed work does not meet the requirements under Sec. 800.C.6. Historic Compliance , or the project requiring Historic Preservation Commission review in Sec. 800.C.7. Certifcate of Appropriateness , a Minor Certificate of Appropriateness will be issued in accordance with this Section.

• c. If the Development Services Director determines the proposed work is not consistent with the applicable design standards and guidelines, as adopted by the Historic Preservation Commission, or the project requires Historic Preservation Commission review per Sec. 800.C.7. Certifcate of Appropriateness , a Major Certificate of Appropriateness will be required.

11-68 Zoning & Development Code | Pomona, California

Adopted July 1, 2024

Certificates of Appropriateness

Part 11 | Administration

• d. Within fifteen 15 days following the receipt of an application, a determination will be made by the Development Services Director.

• e. Within thirty 30 days following the receipt of an application filed for a Major Certificate of Appropriateness, the Development Services Director or their designee, will determine, in writing, whether the application is complete for processing. If the written determination is not made within the required period, the application will be automatically deemed complete for processing. Upon receipt of any resubmittal of the application, a new 30-day period will begin, during which time completeness of the resubmitted application will be determined.

heir designee, will determine, in writing, whether the application is complete for processing. If the written determination is not made within the required period, the application will be automatically deemed complete for processing. Upon receipt of any resubmittal of the application, a new 30-day period will begin, during which time completeness of the resubmitted application will be determined.

• f. If an application is determined to be incomplete for processing, the Development Services Director or their designee will specify those parts of the application that are incomplete and will indicate the manner in which they can be made complete, including a list and thorough description of the specific information needed to complete the application. Failure of an applicant to submit complete or adequate information pursuant to the provisions of Sec. 11100.D.3. Application Requirements , below, will constitute grounds for denial of the application.

• g. The Historic Preservation Commission will review and make a determination on an application for a Major Certificate of Appropriateness no later than 75 days from receipt of a completed application by the Development Services Director. Inaction by the Historic Preservation Commission within the 75 day period will deem the application approved. The Historic Preservation Commission will approve, conditionally approve, or deny issuance of the Major Certificate of Appropriateness, and will make the appropriate findings.

3. Application Requirements

• a. All applications must be filed with the Development Services Director. The applicant is encouraged to confer with the Development Services Director before submittal of the application.

• b. All applications must include:

  1. Plans and specifications showing the existing and proposed exterior appearance;

  2. Materials and colors to be used on the exterior of the resource;

  3. Relationship of the proposed work to the surrounding environment, if necessary;

  4. Relationship to the existing scale, massing, architectural style, site and streetscape, landscaping and signage, for new construction in the applicable historic district;

  5. Any other information the Development Services Director reasonably determines to be necessary for review of the proposed work; and

  6. Required Fee(s).

4. Findings of Fact for Alterations

The following findings are required for the approval of a Certificate of Appropriateness.

• a. The proposed alteration, restoration, relocation, or construction, in whole or in part, will not:

  1. Detrimentally change, destroy, or adversely affect any significant or character-defining feature of the resource;

Pomona, California | Zoning & Development Code

11-69

Adopted July 1, 2024

Certificate of Economic Hardship

Part 11 | Administration

2. Detrimentally change, destroy, or adversely affect the historic character or value of the resource;

• b. The applicant has obtained a Certificate of Economic Hardship, in accordance with Sec. 1190.E. Certifcate of Economic Hardship .

5. Findings of Fact for Infill Development

The following findings are required for the approval of a Certificate of Appropriateness for infill development.

• a. The proposed construction, in whole or in part, will not:

  1. Be incompatible with the exterior features of other improvements within the applicable historic district; or

  2. Adversely affect or detract from the character within the applicable historic district.

1190.E. Certificate of Economic Hardship

1. Applicability

The Historic Preservation Commission may issue an Certificate of Economic Hardship to allow alteration or demolition of a historic landmark or contributing resource where denial of a Certificate of Appropriateness would create an undue hardship upon the owner.

2. Applications

An application for an Economic Hardship Exception must be filed either concurrently with, or after, filing the related application for a Certificate of Appropriateness. An application for an Economic Hardship Exception must be made on the prescribed form and be accompanied by the following information, unless any such information is determined by the Development Services Director not to be applicable:

• a. The estimated market value of the property in its current condition with supporting documentation.

• b. The estimated market value of the property after completion of the proposed alteration or demolition with supporting documentation.

• c. Estimates of the costs of proposed alteration or demolition with supporting documentation.

• d. In the case of demolition, the estimated market value of the property after renovation of the existing property for continued use and an estimate from an architect, developer, real estate consultant, appraiser, or other real estate professional with experience in rehabilitation as to the economic feasibility of rehabilitation or reuse of the existing structure on the property.

• e. A rehabilitation report from a licensed engineer or architect with expertise in rehabilitation as to the structural soundness of any structures on the property and their suitability for rehabilitation.

• f. For income-producing properties, information on annual gross income, operating and maintenance expenses, tax deductions for depreciation, and annual cash flow after debt service, current property value appraisals, assessed property valuations, and real estate taxes.

11-70 Zoning & Development Code | Pomona, California

Adopted July 1, 2024

Certificate of Economic Hardship

Part 11 | Administration

• g. Remaining balance on any mortgage or other financing secured by the property and annual debt service, if any, for the previous two years.

• h. All appraisals obtained within the previous two years by the owner or applicant in connection with the purchase, financing, or ownership of the property.

• i. The amount paid for the property if purchased within the previous 36 months, the date of purchase, and the party from whom purchased, including a description of the relationship, if any, between the owner of record or applicant and the person from whom the property was purchased, and any terms of financing between the seller and buyer.

• j. Any listing of the property for sale, rent, prices asked, and offers received, if any within the previous two years.

• k. Any other information the Development Services Director may reasonably require in order to determine whether or not the property may yield a reasonable return to the owners.

3. Hearing Required

The Historic Preservation Commission will hold a public hearing on all applications for an Economic Hardship Exception; after which it may approve, conditionally approve, or deny the application. Such hearing may be held concurrently with any related application for a Certificate of Appropriateness.

4. Findings

The Historic Preservation Commission will approve an Economic Hardship Exception if it makes all

of the following findings:

• a. There are exceptional conditions and unreasonable circumstances relevant to the property for which the economic hardship exemption is sought which do not generally apply to other properties in the applicable historic district.

• b. Denial of the application would decrease the value of the subject property so as to deprive the owner of any reasonable economic return on the property.

• c. The granting of the Certificate of Economic Hardship is the minimum action that will make possible the reasonable use of the land or structure that is not contrary to the purpose and intent of the approved design guidelines.

• d. The economic hardship exemption is consistent with the intent of the design guidelines.

• e. Sale or rental of the property is not financially feasible, when looking at the cost of holding such property for uses permitted in the applicable zone.

• f. Adaptive reuse of the property for lawful purposes is prohibited or impractical.

• g. Denial of the application would damage the owner of the property unreasonably in comparison to the benefit conferred on the community.

• h. Denial of the Certificate of Appropriateness would damage the owner of the property unreasonably in comparison to the benefit conferred on the community, or

• i. All means involving City-sponsored incentives, such a transfer of development rights, tax abatements, financial assistance, building code modifications, changes in the Zoning and

Pomona, California | Zoning & Development Code

Adopted July 1, 2024

11-71

Certificate of Deconstruction

Part 11 | Administration

Development Code, loans, grants, and reimbursements, have been explored to relieve the asserted economic hardship.

1190.F. Certificate of Deconstruction

1. Applicability

A Certificate of Deconstruction process is required for deconstructions, in whole, or in part, of designated historic resources and properties determined eligible for designation per Sec. 800.C.1. Determination of Historic Eligibility .

2. Applications

• a. All applications for deconstruction must be filed with the Development Services Director. The applicant is encouraged to confer with the Development Services Director before submittal of the application.

• b. All Applications must include:

1. Plans and specifications showing the proposed exterior appearance of the project site following deconstruction and any proposed new construction;

   2. Materials and colors to be used on the exterior of structures on the site following the proposed deconstruction;

   3. Relationship of the proposed work to the surrounding environment, if necessary;

   4. Relationship of proposed new construction to the existing scale, massing, architectural style, site and streetscape, landscaping and signage in an applicable historic district;

   5. Any other information the Development Services Director reasonably determines to be necessary for review of the proposed work; and

   6. Required Fee(s).

3. Procedures

Applications for a Certificate of Deconstruction will be processed in accordance Sec. 1160.D. Conditional Use Permit .

4. Findings of Fact

One of the following findings must be made prior to approval of a Deconstruction application:

• a. The proposed, deconstruction, in whole or in part, is necessary because:

  1. All efforts to restore, rehabilitate, and/or relocate the resource have been exhausted; and/or,

  2. Restoration or rehabilitation is not practical because the extensive alterations required would cause the loss of integrity of the resource.

• b. The applicant has obtained a Certificate of Economic Hardship in accordance with Sec. 800.C.8. Certifcate of Economic Hardship .

11-72 Zoning & Development Code | Pomona, California

Adopted July 1, 2024

Part 11 | Administration

Mills Act Contract

1190.G. Mills Act Contract

1. Applications

All applications must be filed with the Development Services Director. The applicant is encouraged to confer with the Development Services Director before submittal of the application. All applications must include:

• a. A copy of the latest grant deed for the property.

• b. A rehabilitation plan / maintenance list of the work to be completed within the 10 year contract period, including cost estimates and the year in which the work will be completed.

• c. A financial analysis form showing current property taxes and estimated taxes for the property under a Mills Act contract.

• d. Any other information the Development Services Director reasonably determines to be necessary for review of the proposed work.

• e. Required Fee(s).

2. Initial Review

Within 30 days of filing, the Development Services Director will review all applications for completeness and accuracy before they are accepted as complete.

3. Expiration of Application

An application will be withdrawn if it is not completed pursuant to Sec. 1190.G. Mills Act Contract .

4. Historic Preservation Commission

• a. The Historic Preservation Commission will evaluate each application for a Mills Act Contract, in accordance with the criteria established in Sec. 800.C.19. The Mills Act , and will decide by majority vote whether to approve any contract and forward it to the City Council with a recommendation for approval.

• b. Following the meeting, the Historic Preservation Commission will recommend City Council approval of, or reject, the contract by resolution. If the Historic Preservation Commission votes to approve the contract, the Secretary will forward the recommendation to the City Council.

• c. If the Historic Preservation Commission votes to reject the contract, the contract will not be forwarded to the City Council, unless the decision of the Historic Preservation Commission is appealed.

5. City Council

The City Council has sole authority to approve a Mills Act Contract.

• a. Within 10 days of the Historic Preservation Commission’s nomination, the Secretary will send a copy of the recommendation to the City Clerk. The City Clerk or their designee will set a meeting at which the City Council will consider the Historic Preservation Commission’s recommendation.

Pomona, California | Zoning & Development Code

Adopted July 1, 2024

11-73

Part 11 | Administration

Mills Act Contract

• b. The City Council will adopt or reject the contract or, at its discretion, continue consideration of the matter, or refer the proposed designation to the Historic Preservation Commission for further review within a period of time the City Council sets.

• c. Approval of a Mills Act Contract will be by resolution and will reference the specific criteria and/ or findings on which the approval is based.

11-74 Zoning & Development Code | Pomona, California

Adopted July 1, 2024

Part 11 | Administration

Applicability

Sec. 11100. Nonconformities

Nonconforming lots, uses, structures, and improvements within the City are detrimental to orderly development, and the health, safety, peace, comfort and welfare of persons and property within the city.

11100.a. Purpose

1. To provide relief from the requirements of this Zoning and Development Code for any existing nonconformity, defined as any lot, building or structure, or use that conformed to the zoning regulations at the time they were established, but do not conform to current requirements of this Code.

2. To provide for the orderly termination of nonconforming rights for lots, uses, structures, and improvements that were previously legally established, but no longer comply with the Zoning and Development Code. The orderly termination nonconforming lots, uses, structures, and improvements is necessary to promote the public health, safety and welfare, and to bring nonconforming lots, uses, and structures into conformity with current Zoning and Development Code provisions, and the goals and policies of the General Plan.

11100.B. Intent

1. To limit the expansion of nonconforming lots, uses, structures and improvements, establish the circumstances under which they may be continued, and provide for their correction, maintenance, and removal.

2. To provide for the elimination of nonconforming lots, uses, structures, and improvements as rapidly as possible, without infringing upon the constitutional rights of their owners.

11100.C. Applicability

1. Nonconforming lots, uses, structures, and improvements may be maintained, expanded, altered, and/or abated only in accordance with the provisions of this section. It must be the property owner’s responsibility to provide evidence or information to justify the establishment of the nonconforming rights provided under this section.

2. Any designated historic landmark, contributing structure within a designated historic district, or any property listed on the California Register of Historical Resources or National Register of Historic Places, must be exempt from the provisions of this Chapter with respect to the restoration and maintenance of structures, provided that all construction plans are approved through a Certificate of Appropriateness by the Historic Preservation Commission.

3. A lot, use, structure, or improvement that becomes nonconforming due to a change in zoning district boundary or Zoning and Development Code regulation, the period prescribed for abatement of the use or improvement of the lot or structure must begin on the effective date of the change in zoning district boundary or Zoning Code regulation.

4. General Rules

The following general rules apply to all nonconformities. Specific rules in the following Sections may provide additional standards or exceptions to these general rules:

Pomona, California | Zoning & Development Code

Adopted July 1, 2024

11-75

Part 11 | Administration

Nonconforming Uses

• a. A nonconforming building, structure, or use may conduct renovation and maintenance and repair project activities, as defined in Sec. 1200.K. Project Activities , without triggering any of the standards of this Section.

• b. No new construction, addition, site modification, facade modification, change of use, major renovation project activities, as defined in Sec. 1200.K. Project Activities , may occur on any nonconforming lot or to any nonconforming building or structure, or nonconforming use, that increases the degree of nonconformity with any individual standard in this Code, except where allowed in the following Sections.

• c. Demolition that reduces compliance with the standards or rules in any zoning district is not allowed, except in conjunction with a project activity that allows the project to meet the minimum requirements.

11100.D. Nonconforming Uses

A use that lawfully occupied a building or land at the time an ordinance codified in this Zoning and Development Code became effective and does not conform to the Use Module regulations of the zoning district in which it is located, must be deemed a “nonconforming use.” A nonconforming use may continue, subject to the following:

1. Discontinuance of Nonconforming Use

a. General

1. A building or structure, portion of a building or structure, or any land that contained a nonconforming use that has been discontinued for a continuous period of time outlined in Sec. 11110.D.1.b. Discontinuance and Abandonment of Use, and Loss of Nonconforming Status must only be occupied by a use that conforms to the current use regulations of the applied zone.

2. A nonconforming use of land that is accessory or incidental to the nonconforming use of a building must be discontinued on the same date the nonconforming use of the building is discontinued.

b. Discontinuance and Abandonment of Use, and Loss of Nonconforming Status

1. Without further action by the City, a use must lose its nonconforming status and must not be reestablished if the nonconforming use is abandoned for any reason.

i. Residential Uses

A nonconforming residential use must be deemed abandoned if the use is discontinued for a period of 365 or more consecutive days.

ii. Nonresidential Land Uses

A nonconforming nonresidential use must be deemed abandoned if the use is discontinued for a single period of 180 or more consecutive days.

2. Wherein the determination of abandonment of a use is in question, the determination of abandonment must be made by the Zoning Administrator, based upon satisfactory evidence. If there are no business receipts, records, or necessary licenses available to provide evidence

11-76 Zoning & Development Code | Pomona, California

Adopted July 1, 2024

Part 11 | Administration

Nonconforming Uses

that the use in question has been in continual operation, the Zoning Administrator may make a determination of “abandonment of use” based upon consideration of:

• i. The rem oval, without replacement, of equipment, furniture, machinery, fixtures, structures, or other components necessary to business operation, and/or

• ii. The shut-off or disconnect of utilities (water, electricity, and/or natural gas).

3. Following the discontinuance of a nonconforming use, the use of a property must comply with all current requirements of this Zoning and Development Code and the applicable zoning district.

c. Change in Ownership, Tenancy or Management

A change in ownership, tenancy or management of a nonconforming use must not affect its nonconforming status, provided the use is not discontinued pursuant to Sec. 1160.1.b. Discontinuance and Abandonment of Use, and Loss of Nonconforming Status , above, or the type of use and/or intensity of use does not change.

d. New Development

New development on any lot upon which a nonconforming use exists must require that all uses on the property conform to the provisions of this Zoning and Development Code.

e. Alterations and Expansion of Use

1. A nonconforming use must not be enlarged or extended in such a way as to occupy any part of any structure or property that the use did not occupy prior to the creation of the nonconformity.

2. For nonconforming use alteration exceptions, see Sec. 11110.K.1. Use Not Allowed Exceptions .

f. Intensification of Use

A nonconforming use must not be intensified in such a way as to increase the discrepancy between existing conditions and the standards set forth in this Zoning and Development Code.

g. Abatement of Nonconforming Use

Nonconforming uses must be abated as follows:

1. A use must be discontinued upon the issuance of a cease and desist order by the City if:

• i. The use is nonconforming due to an operation or process that poses a threat to the public health, safety or welfare, as determined by the Planning Manager or Building Official; and

  • ii. The owner fails to discontinue the operation or process, or to fully mitigate the hazard(s) involved.

2. A nonconforming use that has been discontinued or abandoned must comply with Sec. 1160.1.b. Discontinuance and Abandonment of Use, and Loss of Nonconforming Status .

Pomona, California | Zoning & Development Code

Adopted July 1, 2024

11-77

Part 11 | Administration

Nonconforming Structures and Improvements

11100.E. Nonconforming Structures and Improvements

A structure or improvement that was lawfully constructed or installed at a time an ordinance codified in this Zoning and Development Code became effective, and does not conform to the Form Module, Frontage Module, and Site standards of this Zoning and Development Code in which it is located, must be deemed a “nonconforming structure” or “nonconforming improvement,” as applicable. A nonconforming structure or improvement may continue, subject to the following:

1. Damage or Destruction of a Nonconforming Structure

• a. A nonconforming structure that is damaged or partially destroyed by fire or other calamity, or the public enemy, or other cause which is beyond the control of the property owner, and which could not otherwise have been prevented by reasonable care and maintenance of the structure, may be reconstructed, restored, or rebuilt up to the original size, placement and density, provided that total cost of the reconstruction, restoration, or rebuilding does not exceed more than 50 percent of the structure’s fair market value prior to said damage or destruction. Structure reconstruction, restoration, or rebuilding must commence within 180 days following the occurrence of damage, unless extended by the Zoning Administrator, and must be diligently pursued to completion.

• b. In the event that the cost of reconstructing, restoring, or rebuilding a structure exceeds 50 percent of the fair market value of the structure prior to such damage occurring, the structure may be reconstructed, restored, or rebuilt up to its original size, placement, and density prior to such damage occurring, and the use of the structure resumed, subject to the following:

  1. The Zoning Administrator, at a duly noticed public hearing, must first find that the reconstruction, restoration, or rebuilding of the nonconforming structure:

     • i. Will not be detrimental or injurious to the health, safety or general welfare of persons residing or working in the neighborhood;

     • ii. Will not be detrimental or injurious to property and improvements in the neighborhood; and

     • iii. Continuation of the nonconforming structure will not result in an annoyance to and/or reduction of any surrounding property.

2. The public hearing and findings prescribed in Sec. 1160.E.1.b.1. , above, must not be required for the reconstruction, restoration, or rebuilding of a legal nonconforming single-unit dwelling located on a lot that is designated for "single-family dwellings" by Figure 6.3: POMONA TOMORROW (Place Types) in the General Plan .

   3. The reconstruction, restoration, or rebuilding must be commenced within 180 days following the date that the damage or destruction occurred, unless extended pursuant to Sec. 11100. Nonconformities , and diligently pursued to completion.

   4. Nothing in this section must be construed to permit the continuation of conditions that will endanger the health, safety, or welfare of building occupants, the residents of the area, or which constitute a public or private nuisance.

11-78 Zoning & Development Code | Pomona, California

Adopted July 1, 2024

Part 11 | Administration

Relief

11100.F. Calculation of Time

Whenever a period of time related to a nonconformity is specified in this Code, the period of time is computed from the effective date of the ordinance that created the nonconformity.

11100.G. Compliance with Other Laws

Nothing in Sec. 11100. Nonconformities relieves any person or entity from the obligation to comply with the requirements of any Federal, State, County, or other local law.

11100.H. Relief

1. Relief from the requirements of this Section are available through Sec. 1130. Appeals .

2. The Zoning Administrator may allow for relief through Sec. 1170.D. Alternative Compliance to bring a project into conformity if the project meets or exceeds the intent of the standards of this Zoning and Development Code.

3. When relief is granted through any discretionary action taken consistent with this Section, the element that is the subject of the discretionary action is no longer considered nonconforming under this Zoning and Development Code.

Pomona, California | Zoning & Development Code

11-79

Adopted July 1, 2024

Part 11 | Administration

Form Exceptions

11100.I. Form Exceptions

1. Coverage Exceptions

a. Building Setbacks

Where a building is nonconforming as to building setbacks, an addition is allowed, provided that:

1. Additions located in the nonconforming setback do not encroach to a greater extent than the existing encroachment or reduce the nonconforming setback to less than 50% of that required by the dimensional requirements of the applied zone.

2. The total of all additions made since the building became nonconforming do not exceed, in height or length, the height or length of that portion of the adjoining nonconforming building that extends into the same setback.

2. Building Exceptions

a. House Form Modules

1. An addition to a building or structure that is nonconforming as to floor area is allowed, provided that the addition conforms to all current regulations of the applied zone and other applicable current land use regulations, except as may be approved or permitted pursuant to a discretionary approval.

2. Modifications to existing buildings other than additions are allowed.

b. Addition to Building Exceeding Maximum Height

Where an existing building or structure is nonconforming only as to maximum height, additions that conform to all the current regulations of the applied zone and other applicable current land use regulations are allowed, except that the total aggregate floor area included in all the separate additions must not exceed 50% of the floor area of the ground story of the building or structure.

c. Existing Structures with an Industrial-Oriented Use

Any legally established building or structure containing an industrial-oriented use, that is nonconforming as to maximum building width and depth, may be rebuilt and exceed the maximum building width and depth specified in the applied Subpart 3B. Form Modules , subject to the following standards:

1. The building must be constructed to meet, at a minimum, LEED Gold certification.

2. The building must not exceed the existing gross floor area.

11-80 Zoning & Development Code | Pomona, California

Adopted July 1, 2024

Part 11 | Administration

Frontage Exceptions

11100.J. Frontage Exceptions

1. Build-to Exceptions

• a. On a lot with an existing building where the lot is nonconforming as to the maximum build-to depth or minimum build-to width requirements, any new construction must meet the minimum build-to width between the minimum and maximum build-to depth in one or more of the ways outlined below.

1. New Construction on an Interior Lot

All new construction must occupy the build-to depth until the build-to width has been met, except that buildings may be provided in phases - each new building is not required to meet the entire required build-to width for the lot.

==> picture [423 x 338] intentionally omitted <==

----- Start of picture text -----
Existing Building
New Building
StreetBuild-to Zone Build-to Width (%)
Street
ZoneBuild-to
Build-to Width (%) Build-to Width (%)
Street Street
ZoneBuild-to ZoneBuild-to
----- End of picture text -----

Pomona, California | Zoning & Development Code

11-81

Adopted July 1, 2024

Part 11 | Administration

Frontage Exceptions

2. New Construction on a Corner Lot

All new construction must occupy the build-to depth until the build-to width for both streets has been met, except that buildings may be provided in phases - each new building is not required to meet the entire required build-to width for the lot. The initial new building must begin at the corner and be located within the build-to-depth on both streets. Additional new buildings may be placed anywhere within the build-to zone.

==> picture [449 x 341] intentionally omitted <==

----- Start of picture text -----
Existing Building
New Building
Build-to Build-to
Build-to Zone Build-to Zone
Zone Zone
Build-to W Build-to W
Primary Street idth (%) Build-toWidth (%) Side Street Primary Street idth (%) Build-toWidth (%) Side Street
Build-to
Build-to Build-to Zone
Build-to Zone Zone
Zone
Build-to W
Build-to W Primary Street idth (%) Build-to Side Street
Primary Street idth (%) Build-to Side Street Width (%)
Width (%)
----- End of picture text -----

11-82 Zoning & Development Code | Pomona, California

Adopted July 1, 2024

Part 11 | Administration

Frontage Exceptions

3. Additions on an Interior Lot

• i. Any addition to the street lot line-facing facade of a building that is nonconforming as to build-to depth or build-to width must occupy the build-to depth, except that the addition does not have to meet the entire required build-to width for the lot.

• ii. Additions of any size that extend a building that is nonconforming as to build-to depth or build-to width between the existing building and the rear lot line are allowed.

• iii. Additions that extend a building that is nonconforming as to build-to depth or build-to width between the existing building and the side lot line are allowed, except that they must have a floor area less than 20% of the existing ground story.

• iv. Additions on top of a building that is nonconforming as to build-to depth or build-to width are allowed, except that they must not increase the existing building footprint by more than 50 square feet and must not exceed the height limit for the applied zone.

==> picture [401 x 352] intentionally omitted <==

----- Start of picture text -----
Existing Building
New Addition
Build-to Width (%) Build-to Width (%)
Street Street
ZoneBuild-to ZoneBuild-to
Build-to Width (%)
Street Build-to Width (%)
ZoneBuild-to Street
ZoneBuild-to
----- End of picture text -----

Pomona, California | Zoning & Development Code

11-83

Adopted July 1, 2024

Part 11 | Administration

Frontage Exceptions

4. Additions on a Corner Lot

• i. Any addition to the primary street-facing facade of a building that is nonconforming as to build-to depth or build-to width must be located within the build-to depth on the primary street, except that the addition does not have to meet the minimum build-to width for the entire lot.

• ii. Additions of any size that extend a building that is nonconforming as to build-to depth or build-to width between the existing building and the rear lot line, but not any wider than the existing building, and are located behind the build-to depth are allowed, except that:

  • a) A planting area must be provided as required in Sec. 620.F.3.c. Planting Areas , at least 6 feet wide, abutting the side street lot line, and installed across the entire length of the side street frontage where no building occupies the build-to zone. Breaks for pedestrian, bicycle and vehicular access are allowed.

• b) The planting area with large species trees, must be provided as required in Sec. 620.F.3.d.1. Trees , planted at a rate of 1 tree per 30 feet along the entire length of the planting area. Trees should be planted offset from street trees to maximize space for canopy growth.

==> picture [370 x 383] intentionally omitted <==

----- Start of picture text -----
Existing Building
New Addition
iii. Additions that extend a building that is nonconforming as to build-to depth or build-to
width between the existing building and the side lot line are allowed, except that the floor
area must be no greater than 20% of the existing ground story.
Existing Building
New Addition
Build-to
Build-to Zone
Zone
Build-to W
Primary Street idth (%) Build-toWidth (%) Side Street
Build-to
Build-to Zone
Zone
Build-to W
Primary Street idth (%) Build-toWidth (%) Side Street
----- End of picture text -----

• iii. Additions that extend a building that is nonconforming as to build-to depth or build-to width between the existing building and the side lot line are allowed, except that the floor area must be no greater than 20% of the existing ground story.

11-84 Zoning & Development Code | Pomona, California

Adopted July 1, 2024

Part 11 | Administration

Frontage Exceptions

• iv. Additions on top of a building that is nonconforming as to build-to depth or build-to width are allowed, except that they must not increase the existing building footprint by more than 50 square feet.

• b. Where a building or structure does not meet the build-to width requirement and an existing plaza or similar open space located in the build-to zone does not meet the standards for pedestrian amenity allowance, the existing open space may be maintained, but not expanded. Any new construction, facade modification, or site modification must increase conformity with the pedestrian amenity allowance standards.

• c. Additions to any street-facing facade of a building that is nonconforming as to build-to depth or build-to width are allowed behind the build-to depth, except that they must not exceed 10% of the ground story area of the existing building.

• d. On lots with an existing building that is nonconforming as to build-to depth or build-to width, except where the existing building is a residential building, and new construction of additional dwelling units that are detached from the existing building located in a rear yard, the build-to depth and build-to width requirements do not apply.

Pomona, California | Zoning & Development Code

11-85

Adopted July 1, 2024

Part 11 | Administration

Use Exceptions

11100.K. Use Exceptions

1. Use Not Allowed Exceptions

• a. Where an existing use is nonconforming in the applied Use Module:

  1. It may be relocated within the existing building, provided the move does not cause a net increase in the floor area of the nonconforming use.

  2. It will not be reestablished after it has been abandoned. A nonconforming use is considered abandoned pursuant to Sec. 1160.D.1.b. Discontinuance and Abandonment of Use, and Loss of Nonconforming Status .

• b. Where an existing drive-through use is nonconforming in the applied Use Module, an expansion of existing drive-through facilities may be allowed and must meet the following standards:

  1. Must not encroach on or interfere with the use of sidewalks, drive aisles or parking areas.

  2. Each queuing space in a drive-through lane must be a minimum of 20 feet in length and 8 feet in width along straight segments of the drive-through lane. Drive-through lanes must be a minimum of 12 feet in width along curved segments.

==> picture [332 x 204] intentionally omitted <==

----- Start of picture text -----
20’ (min)
Primary Street
12’ (min)
8’ (min)
Side Street
----- End of picture text -----

3. Drive-through lanes are regulated as a motor vehicle use area and subject to the standards specified in Sec. 480. Parking Location .

4. Drive-through lanes that take access directly from the public right-of-way are regulated as a driveway and subject to the standards for driveways as specified in Sec. 610.A. Vehicle Access .

5. Require review and approval by the Public Works Director to ensure the site design does not create detrimental impacts on pedestrians, bicyclists, transit vehicles or riders, micro mobility device users, and automobile traffic and circulation on the abutting right-of-way.

• c. Where an existing fueling station use is nonconforming in the applied Use Module, an expansion of existing fueling facilities may be allowed and must meet the following standards:

  1. Must not include more than 2 additional fuel pumps or 'multiple product dispensers'.

11-86 Zoning & Development Code | Pomona, California

Adopted July 1, 2024

Part 11 | Administration

Street Exceptions

2. Must conform to current air or stormwater quality control regulations, and replace any single-walled underground storage tanks.

3. Must remediate any existing contamination of soil or groundwater.

4. Must be not be located within 300 feet of any residential, assembly, child day care, medical clinic, or urban agricultural use.

• d. In the Industrial Use Modules, the nonconforming use of land where no buildings are occupied in connection with the use or where the only buildings occupied are accessory to or incidental to the use, may be continued, subject to the following limitations:

  1. The nonconforming use must not be enlarged in any way beyond the limits of what was originally permitted.

  2. The nonconforming use must be completely enclosed within a building or within an area enclosed on all sides with a Buffer Type II Transition Buffer pursuant to Sec. 620.B.3.c.2.ii., Bufer Type II , within 1 year from the date the use becomes nonconforming.

2. Use Standard Exceptions

Where a temporary use is nonconforming as to Use Module standards it may be continued until the expiration of the temporary use permit. When a nonconforming temporary use is subject to a new temporary use permit, it must meet all of the Use Module standards.

11100.L. Site Exceptions

1. Parking Exceptions

• a. When parking is required, the currently-provided parking stalls must be considered the required parking for an existing nonconforming use where the parking stalls are less than what is specified in Sec. 710.C.3.a., Required Parking .

• b. The Building and Safety Division of the Development Services Department may reduce the number of required parking stalls by the number of stalls the Building and Safety Division of the Development Services Department determines are needed to provide accessible parking stalls as required by State access laws.

11100.M. Street Exceptions

[Reserved]

Pomona, California | Zoning & Development Code

11-87

Adopted July 1, 2024

Sec. 11110. Violations and Enforcement

See Div. 5. (Enforcement) of the City Code.

11-88 Zoning & Development Code | Pomona, California

Adopted July 1, 2024