Part 13 — APPENDIX

Sec. 1300. Landscape (Formerly Sec. 503-J) ..........................................................................13-3 1300.A. Purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13-3 1300.B. Intent. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13-3 1300.C. Applicability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13-3 1300.D. Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13-5 1300.E. Implementation Guidelines . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13-11 1300.F. General Landscape Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13-11 1300.G. Landscape Of Unused And Undeveloped Portions Of A Site . . . . . . . . . . . . . . .13-14 1300.H. Edge Treatment Landscaping In For Privately-Owned Vacant Lots . . . . . . . . . . .13-14 1300.I. Residential Landscape Standards. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .13-14 1300.J. Nonresidential Landscape Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . .13-15 1300.K. Landscape Plan Approval Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . .13-16 1300.L. Landscape Documentation Package . . . . . . . . . . . . . . . . . . . . . . . . . . . .13-16 1300.M. Elements of Landscape Documentation Package. . . . . . . . . . . . . . . . . . . . .13-17 1300.N. Plant List . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .13-19 1300.O. Water-Efficient Landscape Criteria . . . . . . . . . . . . . . . . . . . . . . . . . . . . .13-22 1300.P. Landscape And Irrigation Maintenance . . . . . . . . . . . . . . . . . . . . . . . . . . .13-23 1300.Q. Cooperation with Water Purveyor(s) . . . . . . . . . . . . . . . . . . . . . . . . . . . 13-24 1300.R. Minor Modifications to Approved Landscape and Irrigation Plans . . . . . . . . . . . .13-25 1300.S. Oak Tree Preservation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .13-25 Sec. 1310. Public Art Requirement (Formerly .5809-24) ....................................................13-31 1310.A. Purpose and Intent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .13-31 1310.B. Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .13-31 1310.C. Projects Subject to the Public Art Requirement . . . . . . . . . . . . . . . . . . . . . .13-32 1310.D. Exemptions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .13-33 1310.E. [Reserved] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13-34 1310.F. Requirement to Provide Public Art . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13-34 1310.G. Application & Approval Procedures for Public Art Placement on Private Property . . .13-35

. . .13-33 1310.E. [Reserved] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13-34 1310.F. Requirement to Provide Public Art . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13-34 1310.G. Application & Approval Procedures for Public Art Placement on Private Property . . .13-35

Pomona, California | Zoning & Development Code

Adopted July 1, 2024

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Sec. 1320. Original Artwork Murals (Formerly .5809-25) .................................................. 13-38 1320.A. Purpose and Intent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13-38 1320.B. Original Artwork Mural Permit Requirement . . . . . . . . . . . . . . . . . . . . . . . 13-38 1320.C. Exemptions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13-38 1320.D. Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13-38 1320.E. Development Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13-39 1320.F. Prohibited Murals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13-40 1320.G. Guidelines for Original Artwork Murals . . . . . . . . . . . . . . . . . . . . . . . . . . 13-40 1320.H. Application Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .13-41 1320.I. Application Procedure. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .13-41 1320.J. Permit Expiration and Extensions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13-42 1320.K. Maintenance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13-42 1320.L. Mural Alterations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13-43 1320.M. Removal of a Permitted Mural. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13-43 1320.N. Nonconforming Murals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13-43

13-2 Zoning & Development Code | Pomona, California

Adopted July 1, 2024

Part 13 | Appendix

Applicability

Sec. 1300. Landscape (Formerly Sec. 503-J)

1300.a. Purpose

The City promotes the value and benefits of landscapes while recognizing the need to invest water and other resources as efficiently as possible. In compliance with applicable State standards and guidelines, this Section establishes minimum landscape standards for all uses for the purpose of enhancing the appearance of developments, reducing heat and Blare, controlling soil erosion conserving water, establishing a buffer and or screen between residential and nonresidential land uses and ensuring the ongoing maintenance of landscape areas. Water conservation measures must be addressed through landscape and irrigation design.

1300.B. Intent

The intent of the water-efficient landscape/ irrigation ordinance is:

1. That this Section be at least as effective in conserving water as the State Model Water Efficient Landscape Ordinance and consistent with Governor Brown' s April 1, 2015 Drought Executive Order B- 29- 15 ;

2. Establish a structure for planning, designing, installing, and maintaining and managing water efficient landscapes in new construction and rehabilitated projects;

3. Establish provisions for water management practices and water waste prevention for existing landscapes;

4. To assure beneficial efficient and responsible use of water resources;

5. To retain the land' s natural hydrological role and promote the infiltration of surface water into the ground water;

6. To recognize that landscapes enhance the aesthetic appearance of developments and communities;

7. To encourage the appropriate design, installation maintenance and management of landscapes so that water demand can be decreased runoff can be retained and flooding can be reduced without a decline in the quality or quantity of landscapes;

8. To reduce or eliminate water waste.

1300.C. Applicability

1. Beginning April 1 2017, all landscaping projects subject to this Section must obtain a permit from the Development Services Department prior to installation of any landscaping. All planting, irrigation, and landscape related improvements required by this Section apply to the following landscape projects:

   • a. New landscape projects with an aggregate landscape area equal to or greater than 500 square feet requiring a building or landscape permit, plan check or design review;

   • b. Rehabilitated landscape projects with an aggregate landscape a area equal to or greater than 25,000 square feet requiring a building or landscape permit, plan check or design review;

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Adopted July 1, 2024

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Applicability

• c. New or rehabilitated landscape projects between 500 and 2,500 square feet may comply with the performance requirements of this ordinance or conform to the prescriptive measures contained in Appendix A of the Guidelines ;

• d. New or rehabilitated projects using treated or untreated graywater or rainwater capture on site any lot or parcels within the project that has less than 2,500 square feet of landscape area and meets the lot or parcel's landscape water requirement Estimated Total Water Use entirely with the treated or untreated graywater or though stored rainwater capture on site is subject only to Appendix A of the Implementation Guidelines ;

• e. Special Landscaped Areas with an area greater than 500 square feet such as areas dedicated to edible plants, irrigated with recycled water, or dedicated to active play or a Recreational Area, must prepare a water efficient landscape worksheet and landscape documentation package according to specifications for Special Landscaped Areas;

• f. Cemeteries

Recognizing the special landscape management needs of cemeteries new and rehabilitated cemeteries are limited to Sections 2. 2 and 2. 9 of the Guidelines ; and existing cemeteries are limited to Section 3 of the Guidelines .

• g. Vacant lots in all zoning districts and Specific Plan areas.

• h. Undeveloped pad areas of a new or existing commercial or industrial development project that is located along a public street, or undeveloped pad areas of a new or existing commercial or industrial project reserved for a future phase of the development or a future use that is located along a public street.

2. Other Considerations

The requirements of the Guidelines may be partially or wholly waived at the discretion of the Director of Development Services or their designee, for landscape rehabilitation projects that are limited to replacement plantings with equal or lower water needs and where the irrigation system is found to be designed, operable and programmed consistent with minimizing water waste in accordance with local water purveyor regulations.

3. Exempt Activities

The provisions of this Section do not apply to:

• a. Registered local, State, or federal historical sites.

• b. Ecological restoration projects that do not require a permanent irrigation system.

• c. Mined-land reclamation projects that do not require a permanent irrigation system.

• d. Existing plant collections as part of botanical gardens and arboretums open to the public.

4. Project Continuation

Any landscape projects conducted on the same parcel of land within a 12-month period from the first landscape project submittal will be aggregated for the purposes of determining a project's applicability to the requirements of this Section.

13-4 Zoning & Development Code | Pomona, California

Adopted July 1, 2024

Definitions

Part 13 | Appendix

5. Relationship To Private Covenants

The architectural guidelines of a common interest development, which includes community apartment projects, condominiums, planned developments, and stock cooperatives, must not prohibit or include conditions that have the effect of prohibiting the use of low-water use plants as a group.

1300.D. Definitions

Aggregate. A concept that pertains to production home neighborhoods, common interest developments, or other situations where multiple parcels are undergoing landscape development as one project, but may eventually be individually owned or maintained.

Applied water. The portion of water supplied by the irrigation system to the landscape.

Artificial turf. A man-made material which simulates the appearance of live turf, organic turf, grass, sod, or lawn.

Automatic irrigation controller. A timing device used to remotely control valves that operate an irrigation system. Automatic irrigation controllers are able to self-adjust and schedule irrigation event using either evaportranspiration weather-based or soil moisture data.

Backflow Prevention device. A back flow prevention device is used to protect potable water supplies from contamination or pollution due to the reverse flow of water through plumbing. This public health safety device is used to prevent pollution or contamination of the water supply due to the reverse flow of water from the irrigation system. The required type of irrigation back flow device is a reduced pressure principle assembly (RP).

• Certification of Completion or Landscape Installation Certificate of Completion. The certification

included as Exhibit E of the Implementation Guidelines that must be provided to the City prior to Planning and Building Divisions' final inspection pursuant to Section 2.7 of the Guidelines .

Certification of Design or Certificate of Landscape Design. The certification included as Exhibit B of the Implementation Guidelines that must be included in the Landscape Documentation Package pursuant to Section 2.1 of the Guidelines .

Certified landscape irrigation auditor. A person(s) certified to perform landscape irrigation audits by an accredited academic institution, a professional trade organization, or other program such as the US Environmental Protection Agency's WaterSense irrigation auditor certifcation program and Irrigation Association' s Certifed Landscape Irrigation Auditor program .

Check valve or anti- drain valve. A valve or valves located under a sprinkler head or other location in the irrigation system, to hold water in the system to prevent drainage from sprinkler heads when the sprinkler is off.

City. Refers to the City of Pomona.

Common interest developments. Refers to community apartment projects, condominium projects, planned developments, and stock cooperatives per Civil Code Section 1351 .

Conversion factor. The number that converts acre-inches per acre per year to gallons per square foot per year.

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Adopted July 1, 2024

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Definitions

Part 13 | Appendix

Drip irrigation. Any non-spray low volume irrigation system utilizing emission devices with a flow rate measured in gallons per hour. Low volume irrigation systems are especially designed to apply small volumes of water slowly at or near the root zone of plants.

Drought-tolerant landscaping. Landscaping that utilizes little or no irrigation through the use of water conserving materials and techniques, including but not limited to, native drought-tolerant plants, mulch and efficient irrigation.

Drought-tolerant plants. Plants that require less water because they are adopted to regions with frequent drought or soils with low water-holding capacity.

Ecological restoration project. A project where the site is intentionally altered to establish a defined indigenous, historic ecosystem.

Emitter. A drip irrigation emission device that delivers water slowly from the system to the soil.

Estimated Applied Water Use EAWU. The annual total amount of water estimated to keep plants in a healthy state. It is based on factors such as reference evapotranspiration rate, the size of the landscaped area, plant water use factors, and the irrigation efficiency within each hydrozone.

Evapotranspiration. The quantity of water evaporated from adjacent soil and other surfaces and transpired by plants during a specified time.

Evapotranspiration adjustment factor (ETAF). A factor of 0.55 for residential areas and 0.45 for

nonresidential areas that when applied to reference evapotranspiration, adjusts for plant factors and irrigation efficiency, two major influences upon the amount of water that needs to be applied to the landscape. The ETAF for new and existing non-rehabilitated Special Landscape Areas must not exceed 1.0. The ETAF for existing non-rehabilitated landscapes is 0.8.

Evapotranspiration rate. The quantity of water evaporated from adjacent soil and other surfaces and transpired by plants during a specified time.

Flow rate. The rate at which water flows through pipes, valves and emission devices measured in gallons per minute gallons per hour, or cubic feet per second.

Front yard area. The required front yard setback area and any other areas between the front property line and the outline of the main building that is visible from the public right of way. For unique lot configurations, the Director of Development Services or their designee will determine front yard area.

Front yard landscaped area. The front yard area that is not occupied by driveways leading directly to a required off-street parking facility or necessary walkways leading to a building structure that is required to be landscaped with live vegetation, drought tolerant landscaping, hardscape or a combination of the four subject to the requirements of this Section and the Guidelines.

Graywater. A system containing untreated wastewater that has not been contaminated by any toilet discharge, has not been affected by infectious contaminated or unhealthy bodily wastes and does not present a threat from contamination by unhealthy processing, manufacturing, or operating wastes. Graywater includes, but is not limited to: wastewater from bathtubs; showers; bathroom washbasins; clothes washing machines; and laundry tubs; but does not include wastewater from kitchen sinks or dishwashers as per the Health and Safety Code ( Section 17922. 12 . ). Graywater systems promote the efficient use of water and are encouraged to assist in on-site landscape irrigation. All graywater systems must conform to the California Plumbing Code ( Title 24 , Part 5 , Chapter 16 ) and any applicable local ordinance standards.

13-6 Zoning & Development Code | Pomona, California

Adopted July 1, 2024

Definitions

Part 13 | Appendix

Hardscape. Any durable material (pervious and non-pervious).

Hydrozone. A portion of the landscaped area having plants with similar water needs and rooting depth. A hydrozone may be irrigated or non-irrigated.

Implementation Guidelines or Guidelines. Refers to the Water Efficient Landscape Ordinance Guidelines which will be adopted by resolution of the Planning Commission. The purpose of the Guidelines is to provide procedural and design guidance for applicants proposing new landscape or landscape rehabilitation projects that are subject to this Section.

Infiltration rate. The rate of water entry into the soil expressed as a depth of water per unit of time (e.g., inches per hour)

Invasive and or Noxious plants species. Species of plants not historically found in California that spread outside cultivated areas and can damage environmental or economic resources. Invasive plant species may be regulated by county agricultural agencies as noxious species.

Irrigation audit. An in-depth evaluation of the performance of an irrigation system conducted by a Certified Landscape Irrigation Auditor. An irrigation audit includes, but is not limited to: inspection; system tune-up; system test with distribution uniformity or emission uniformity; reporting over spray or runoff that causes overland flow, and preparation of an irrigation schedule.

Irrigation efficiency (IE). The measurement of the amount of water beneficially used divided by the amount of water applied to a landscaped area. Irrigation efficiency is derived from measurements and estimates of irrigation system characteristics and management practices, The minimum average irrigation efficiency for purposes of this Section and the Guidelines is 0.71. Greater irrigation efficiency can be expected from well designed and maintained systems. The following irrigation efficiency may be obtained for the listed irrigation heads with an IME of 90%:

==> picture [488 x 195] intentionally omitted <==

----- Start of picture text -----
Irrigation Method DULa DULL* EU IE**
Spray nozzles 65% 85% 71%
High efficiency spray
75% 82% 73%
nozzles
Multi stream/ Multi
trajectory 75% 85% 76%
rotary( MSMT) nozzles
Stream rotor nozzle 70% 82 73%
Microspray 75% 85% 76%
Bubblers 85% 77%
Drip emitter 90% 81%
Subsurface drip 90% 81%
----- End of picture text -----

Legend:

*DULH =.386+(.614)( DULQ) | **IE( spray)=(DULH)(IME) | **IE(drip)= Emission uniformity(EU)(IME)

Irrigation Management Efficiency (IMF). The measurement used to calculate the irrigation efficiency of the irrigation system for a landscaped project. A 90% IME can be achieved by using evapotranspiration controllers, soil moisture sensors, and other methods that will adjust irrigation run times to meet plant water needs.

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Adopted July 1, 2024

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Definitions

Part 13 | Appendix

• Landscape coefficient (KL). The product of a plant factor multiplied by a density factor and a micro climate factor. The landscape coefficient is derived to estimate water loss from irrigated landscaped areas and special landscaped areas.

• Landscape documentation package. The package of documents that a project applicant is required to submit to the City pursuant to Section 2.1 of the Guidelines .

• Landscape professional. A licensed landscape architect licensed landscape contractor, or any other person authorized to design a landscape pursuant to Sections 5500.1 , 5615 , 5641 , 5641.1 , 5641.2 , 5641.3 , 5641.4 , 5641.5 , 5641.6 , 6701 , 7027.5 of the California Business and Professions Code , Section 832.27 of Title 16 of the California Code of Regulations , and Section 6721 of the California Food and Agriculture Code .

• Landscaped area. Refers to all planting areas, turf areas, and water features in a landscape design plan subject to the Maximum Applied Water Allowance and Estimated Applied Water Use calculations. The landscaped area does not include footprints of buildings or structures, sidewalks, driveways, parking lots, decks, patios, gravel or stone walks, other pervious or non-pervious hardscapes, and other nonirrigated areas designated for non-development (e.g., open spaces and existing native vegetation).

• Landscaping. Any combination of native or exotic plants, lawn, artificial turf, groundcover, trees, shrubs, and other plant materials, plus decorative outdoor and complementary elements such as pools, fountains, water features, paved or decorated walkways or surfaces of rock, stone, brick, block, or similar material (excluding driveways, parking, loading, or storage areas), and sculptural elements. With the exception of the Corridor Specific Plan area, plants on rooftops or porches or in boxes attached to structures typically are not considered landscaping.

Lateral line. A water delivery pipeline that supplies water to the emitters or sprinklers from the valve.

• Low volume irrigation. The application of irrigation water at low pressure through a system of tubing or lateral lines and low-volume emitters such as drip, drip lines, and bubblers. Low volume irrigation systems are specifically designed to apply small volumes of water slowly at or near the root zone of plants.

Low volume overhead irrigation. Aboveground irrigation heads with an upper flow limit of 0.5 GPM.

Main line. A pressurized pipeline that delivers water from the water source to the valve or outlet.

Manual isolation valve. A valve such as a gate valve, ball valve, or butterfly valve installed downstream of the point of connection of the water supply to shutdown water flow through mainline piping for routine maintenance and emergency repair.

• Master shut-off valve. An electronic valve such as a solenoid valve installed as close as possible to the point of connection and is used in conjunction with a flow sensor and flow monitoring controller technology to automatically shutdown system wide water flow in the event of high flow conditions such as mainline pipe break.

Maximum Applied Water Allowunce MAWA . Refers to the upper limit of annual applied water for the established landscaped area, as specified in Section 2.2 of the Guidelines . It is based upon the area's reference evapotranspiration, the ETAF, and the size of the landscaped area. The Estimated Applied Water Use must not exceed the Maximum Applied Water Allowance.

13-8 Zoning & Development Code | Pomona, California

Adopted July 1, 2024

Definitions

Part 13 | Appendix

Microclimate. The climate of a small, specific area that may contrast with the climate of the overall landscaped area due to factors such as wind, sun exposure, plant density, or proximity to reflective surfaces.

Mined-land reclamation projects. Any surface mining aeration with a reclamation plan approved in accordance with the Surface Mining and Reclamation Act of 1975 .

• Mulch. Any organic material such as leaves, bark, straw or compost, or inorganic mineral materials such as rocks, gravel or decomposed granite left loose and applied to the soil surface for the beneficial purposes of reducing evaporation, suppressing weeds, moderating soil temperature, and preventing soil erosion.

Non-pervious or Impervious. Any surface or material that does not allow for the passage of water through the material and into the underlying soil.

• Operating pressure. The pressure at which the parts of an irrigation system of sprinklers are designed to operate at by the manufacturer.

Overspray. The irrigation water which is delivered beyond the target area.

Parkway. That portion of the public right-of-way between the curb and sidewalk or, where no sidewalk is provided, between the curb and adjacent private property line. A parkway generally includes landscape improvements.

Person. Any natural person, firm, joint venture, joint stock company, partnership, public or private association, club, company, corporation, business trust, organization, public or private agency, government agent or institution, school district, college, university, any other user of water provided by the City or the local water purveyor, or the manager, lessee, agent, servant, officer, or employee of any of them or any other entity which is recognized by law as the subject of rights or duties.

• Pervious. Means any surface or material that allows the passage of water through the material and into the underlying soil.

Plant actor or Plant water use factor. A factor, when multiplied by ETo, that estimates the amount of water needed by plants. For the purposes of this Water Efficient Landscape Ordinance, the plant factor range for very low water use plants is 0 to 0.1; the plant factor range for low water use plants is 0 to 0.3; the plant factor range for moderate water use plants is 0.4 to 0.6; and the plant factor range for high water use plants is 0.7 to 1.0. Plant factors cited in the Guidelines are derived from the Department of Water Resources 2000 publication, "Water Use Classifcation of Landscape Species."

Precipitation rate. The rate of application of water measured in inches per hour.

Project applicant. The individual or entity submitting a Landscape Documentation Package required under Section 2.1 of the Guidelines to request a permit, plan check, or design review from the City. A project applicant must be the property owner or his or her designee.

• Property owner. The record owner of real property as shown on the most recently issued equalized assessment roll.

Rain sensor or Rain sensing shutoff device. A component which automatically suspends irrigation when it rains.

Recreational area. An area(s), excluding private single family residential areas, designated for active play; recreation or public assembly in parks, sports fields, picnic grounds, amphitheaters; golf

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Adopted July 1, 2024

Definitions

Part 13 | Appendix

course tees, fairways, roughs, surrounds and greens; private recreational or assembly space as part of a comprehensive project that otherwise meets the intent of this Section, and other active or recreational play areas as determined by the Development Services Director.

Recycled water or Reclaimed water. Treated or recycled waste water of a quality suitable for nonpotable uses such as landscape irrigation and water features. This water is not intended for human consumption.

Reference evapotranspiration (ETo). A standard measurement of environmental parameters which affect the water use of plants. ETo is given expressed in inches per day, month, or year as represented in Appendix C of the Guidelines , and is an estimate of the evapotranspiration of a large field of four to even-inch tall, cool-season grass that is well watered. Reference evapotranspiration is used as the basis of determining the Maximum Applied Water Allowances.

mental parameters which affect the water use of plants. ETo is given expressed in inches per day, month, or year as represented in Appendix C of the Guidelines , and is an estimate of the evapotranspiration of a large field of four to even-inch tall, cool-season grass that is well watered. Reference evapotranspiration is used as the basis of determining the Maximum Applied Water Allowances.

Rehabilitated landscape. Any re-landscaping project that requires a permit, plan check, or design review, meets the requirement of Section 1.2 of the Guidelines , and the modified landscape area is equal to or greater than 2,500 square feet.

Runoff. Water which is not absorbed by the soil or landscape to which it is applied and flows from the landscape area. For example, runoff may result from water that is applied at too great a rate (application rate exceeds infiltration rate) or when there is a slope.

SMART irrigation controller or Soil moisture sensor. A weather-based or soil moisture-based irrigation controller that monitors and uses information about the environmental conditions at a specific location and landscape to automatically adjust watering schedules.

Soil texture. The classification of soil based on its percentage of sand, silt, and clay.

Special Landscaped Areas (SLA). Area(s) of the landscape dedicated solely to edible plants such as orchards and vegetable gardens, areas irrigated with recycled water, water features using recycled water, and areas designated as a Recreational Area.

Sprinkler head. A device which delivers water through a nozzle.

Static water pressure. The pipeline or municipal water supply pressure when water is not flowing.

Station. An irrigated area served by one valve or by a set of valves that operate simultaneously.

Swing joint. An irrigation component that provides a leak-free connection between the emission device and lateral pipeline to allow movement in any direction and to prevent equipment damage.

Turf. A ground cover surface of mowed grass. Annual bluegrass, Kentucky bluegrass, Perennial rye grass, Red fescue, and Tall fescue are cool-season grasses. Bermuda grass, Kikuyu grass, Seashore Paspalum, St. Augustine grass, Zoysia grass, and Buffalo grass are warm season grasses.

Valve. A device used to control the flow of water in an irrigation system.

Visible street side yard. For the purposes of this Section and the Guidelines, means any street side yard that is visible from the public right-of-way, that must be improved as further described in this Section and the Implementation Guidelines.

Water-efficient irrigation system. A system which is scheduled and managed to supply moisture to a landscape without excess or waste.

13-10 Zoning & Development Code | Pomona, California

Adopted July 1, 2024

Part 13 | Appendix

General Landscape Standards

Water-efficient landscape. Landscaping materials that are designed and maintained to function in a healthful and visually pleasing manner with limited water use, including plants which have minimal water requirements for subsistence, plants native to hot/dry environments, and xeriscape plants.

Water efficient landscape ordinance. Refers to Sec. 1300. Landscape (Formerly Sec. 503-J) .

Water efficient landscape worksheet. The worksheet required to be completed pursuant to Section 2.2 of the Guidelines and which are included in Appendix C of the Guidelines .

Water feature. A design element or elements where open water performs an aesthetic or recreational function. Water features include ponds, lakes, waterfalls, fountains, artificial streams, spas, and swimming pools (where water is artificially supplied). The surface area of water features is included in the high water use hydrozone of the landscaped area. Constructed wetlands used for on-site wastewater treatment, habitat protection, or storm water best management practices that are not irrigated and used solely for water treatment or storm water retention are not water features and, therefore, are not subject to the water budget calculation.

Watering window. The time of day irrigation is allowed on landscaped surfaces.

WUCOLS. Refers to the Water Use Classification of Landscape published by the University of California Cooperative Extension, the Department of Water Resources, and the Bureau of Reclamation, 2000.

1300.E. Implementation Guidelines

Water Efficient Landscape Ordinance Guidelines will be adopted by resolution of the Planning Commission.

1300.F. General Landscape Standards

These standards apply to all parcels within the City.

1. Water Efficient Landscape Ordinance Guidelines (Implementation Guidelines), adopted by resolution of the City of Pomona Planning Commission, establish criteria for the design and review of landscape and irrigation plans, and such criteria must be adhered to in the design of landscape and irrigation plans as required by this Section.

2. Trees may be planted in any required yard area. All required trees must be of a minimum size of 15 gallons, unless a larger size is specified in project conditions of approval. In limited cases, smaller tree sizes may be approved if the Director determines that long-term tree growth potential is improved by smaller specimens.

3. With the exception of properties within the Downtown Pomona Specific Plan and the Corridor Specific Plan areas, landscaping must be maintained in all yard areas viewable from adjacent public right of way along any property line, and all yard areas that are viewable from an adjacent public right of way that are between structures. In all zones, a permanent irrigation system must also be maintained in the yard areas.

4. For properties facing an alleyway along the rear or the side property line(s), landscaping must be maintained in all yard areas and areas between structures that are viewable from the alleyway.

5. Landscape planting must emphasize drought-tolerant and native species, complement the architectural design of structures on the site, and be suitable for the soil and climatic conditions of the site, consistent with the requirement of this Section.

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General Landscape Standards

6. Transformers must be screened with dense landscaping or walls similar to those required for trash enclosures, and must not be located within open space recreation areas. They must be located away from public view wherever possible and must not impede pedestrian or vehicular circulation. Where feasible, transformers should be placed underground.

7. Use of artificial turf is regulated by both standards within this Section and in the Implementation Guidelines . The use of artificial turf requires Development Services Department approval before installation. The use of artificial turf is not permitted within a parkway, front yard, side yard, or tree drip line.

8. All required landscape setback areas, including front, rear, side, street side and landscaped areas within parking lots must meet the following requirements:

   • a. All landscaped areas that may be counted toward required landscaping must have a minimum width of three feet, not inclusive of curb or wall.

   • b. A minimum of six percent of the total off-street parking area must be landscaped with at least one fifteen-gallon minimum size tree per each five parking stalls (which may be clustered or grouped) and appropriate shrubs and groundcover. Setback areas required to be landscaped by other sections of this Code must not be considered part of the required parking lot landscaping.

   • c. A minimum of a ten-foot wide planter area must be provided between the parking area and all property lines adjacent to a public street.

   • d. All landscaping must be continuously maintained free of weeds, debris, litter, or temporary signage.

   • e. All landscaped areas except designated hydrozones must be provided with an automatic irrigation system.

   • f. Landscape materials, trees, shrubs, groundcover, turf and other vegetation, and planting symbols must be clearly drawn and plans labeled by botanical name, common name, container size, spacing and quantities of each group of plants indicated.

   • g. For multifamily projects of five units or more and for new commercial, industrial and institutional projects, a landscaping maintenance bond must be required and held for a period of one year to ensure the project's compliance with the approved landscaping pIan. Amount will be determined by the Development Services Director or their designee.

   • h. The percentage of turf for commercial and industrial development must not exceed fortyfive percent of the required landscaping area, and multifamily residential development must not exceed seventy-five percent of the required landscaping area.

9. All planting of trees must meet the following requirements:

   • a. Trees must not be planted under any eave overhang or balcony.

   • b. All trees in landscape planters ten feet in width or less, and located closer than five feet from any permanent structure, must be provided with tree root barriers.

   • c. All trees must be staked as determined by the standards maintained by the Development Services Department.

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General Landscape Standards

• d. Minimum width of all planters must not be less than five feet clear, interior dimensions, not inclusive of retaining curb or wall. All areas which require twenty-four-inch box trees must have planters of not less than five feet not inclusive of retaining curb or wall.

  • e. Number of trees:

    • i. Parking Area: One per five spaces.

    • ii. Street setbacks: One per twenty feet

    • iii. Balance of site: One per six hundred square feet (less parking area buildings, and structures).

10. The planting of groundcover and shrubs, and the use of groundcover materials must meet the following requirements:

• a. All areas required to be landscaped must be covered with turf, non-deciduous groundcover, shrubs or other types of plants which are predominantly drought tolerant.

• b. Minimum of two five-gallon size shrubs must be provided every six feet of distance along perimeter planter areas.

• c. Groundcover must be used throughout and be planted at least six inches on center. No artificial groundcover will be accepted.

• d. Materials such as crushed rock, wood chips, pebbles and stone may be allowed up to fifteen percent of the total required landscaping area. Artificial plants and synthetic ground covers are prohibited.

11. Landscaping must screen storage areas, trash enclosures, parking areas, public utilities, freeways, highways and other similar land uses or elements that do not contribute to the aesthetic enhancement of the natural environment surrounding area. Where plants are required for screening, such screening must consist of the use of evergreen shrubs or trees closely spaced. Berming will be encouraged as an effective screening measure for parking lots and where adjacent site areas are contiguous to street frontages. Such berming must not exceed thirty-six inches above the highest adjacent curb.

12. Where parking areas are adjacent to other properties along the side and rear lot lines, perimeter landscaping with a minimum depth of four feet, not inclusive of retaining curbs and walls, is required.

13. Landscape at vehicular intersections must meet the following requirements:

• a. Landscaping at major entry points are considered the focal points for landscaping emphasis and must contain accent landscaping through a variety of trees, flowers and shrubs with special concern for visibility and safety.

• b. Within twenty feet of street/driveway intersections, landscaping material other than trees must not exceed a maximum height of thirty-six inches above the adjacent concrete curb.

• c. Berming at street entrances and parking lot access way intersections must not exceed a height of thirty-six inches above the highest adjacent curb.

• d. All trees, whether singularly placed or placed in clusters must not inhibit visibility for vehicular and pedestrian movement.

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Landscape Of Unused And Undeveloped Portions Of A Site

• e. Parking may be designed to overhang landscaped areas. Maximum permitted overhang is three feet where planter areas have a minimum dimension of five feet or more. Otherwise, concrete wheel stops must be installed. Any broken or damaged wheel stops must be replaced.

1300.G. Landscape Of Unused And Undeveloped Portions Of A Site

All areas of a site not intended for a specific use or purpose in conjunction with a current application, including vacant or undeveloped pad sites in shopping centers held for future development, must be fully landscaped and irrigated with an automatic irrigation system. Landscaping must include a combination of trees, shrubs, ground cover, turf, and/or approved decorative landscape materials, as approved by the Development Services Director or their designee, and in compliance with this Section.

1300.H. Edge Treatment Landscaping In For Privately-Owned Vacant Lots

Privately-owned vacant lots in all zoning districts and Specific Plan areas must be fully landscaped, irrigated, and maintained along the edge area abutting any public right of way. The landscaped areas must extend at least ten feet into the lot. Landscaping, irrigation, and maintenance must meet the requirements of this Section and the Implementation Guidelines . Said landscaping must be installed within a year from the effective date of this Section. For privately-owned vacant lots with an active entitlement application, edge treatment landscaping must be installed within one year after the building permit's final inspection, or as otherwise stated in the conditions of the entitlement approval. The remainder of the site must be secured with approved fencing material, must be maintained free of weed and debris at all times, and must meet all fence and maintenance requirements of this Code and City Code.

1300.I. Residential Landscape Standards

The following standards apply to all parcels in all residential zones.

1. A minimum of 20 percent of the entire parcel must be fully landscaped with plant materials.

2. The front yard landscaped area and visible street side yard must be landscaped with live vegetation, drought-tolerant landscaping, or a combination of the three, as further described below:

   • a. Live vegetation may include turf, trees, shrubs, groundcover, flowers, or other similar vegetation.

   • b. The use of artificial turf is not permitted within a parkway, front yard, side yard, or tree drip line.

   • c. Drought tolerant landscaping must include native water conserving plants. See Section 4.3 of the Guidelines .

3. For properties facing an alleyway along the rear or the side property line(s), landscaping must be maintained in all yard areas and areas between structures that are viewable from the alleyway.

4. The use of artificial turf is not permitted within a parkway, front yard, side yard, or tree drip line.

13-14 Zoning & Development Code | Pomona, California

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Part 13 | Appendix

Nonresidential Landscape Standards

5. Bare dirt is not permitted within the front yard, visible street side yard or within the parkway. All bare dirt areas must be finished with a minimum three inch thick layer of mulch, organic bark or earth-toned colored rubber bark.

6. Parking lots for multi-family developments providing 10 or more parking spaces must be landscaped per the requirements of Sec. 1300.I. Residential Landscape Standards .

1300.J. Nonresidential Landscape Standards

With the exception of properties within Specific Plan areas where the nonresidential landscape standards are defined in the Specific Plans, all new and rehabilitated landscaping plans undertaken in conjunction with any private development project on commercial, industrial, mixed-use, and other nonresidential properties, or those projects requiring a grading, building, use permit, or site plan and design review, as required by this Section, must comply with the following standards.

1. All unpaved areas including those portions of required yard areas not utilized for vehicular and pedestrian access, must be landscaped with plant material, including some combination of trees, shrubs, groundcover, and turf. Mulch, bark, and similar landscaping materials may be incorporated into the landscape design.

2. A minimum of 15 percent of the parcel area must be landscaped, exclusive of the parking lot area and any landscaping required within the parking lot.

3. A minimum of 75% of the landscape area must be landscaped with live plants. The remaining area may utilize boulder, rocks decomposed granite, water features or other hardscapes subject to approval from the Development Services Department.

4. All landscaped areas must be provided with an automatic irrigation system, unless the Director finds that such an irrigation system, due to the size, location, or configuration of the landscaped area, cannot reasonably be installed and maintained.

5. To achieve an immediate effect of a landscape installation and to allow sustained growth of planting materials, plant material sizes and plant spacing must comply with the following standards, unless the Director finds that alternative sizes and planting will achieve the same or similar desired effects:

   • a. The minimum plant size for trees is 15 gallons, unless otherwise specified by the provisions of this Section. Trees planted within 10 feet of a street, sidewalk, paved trail, or walkway must be a deep- rooted species or must be separated from paved surfaces by a root barrier to prevent physical damage to public improvements. A minimum distance of 15 feet is required between the center of trees to street light standards, water meters, back- flow prevention systems, sewer clean-outs, and fire hydrants.

   • b. The minimum plant size for shrubs is five gallons.

   • c. Groundcover, including turf, must be planted in a manner to provide 100 percent coverage within one year of initial planting.

6. Lots with freeway frontage must provide and maintain freeway frontage landscaping.

7. Parking lot landscaping must be provided per the requirements of Sec. 1300.I. Residential Landscape Standards , except where the property is located in a Specific Plan area, and parking lot development standards are specified in the Specific Plan.

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Landscape Plan Approval Required

8. The use of artificial turf is not permitted within a parkway, front yard, side yard, or tree drip line.

9. Artificial turf is discouraged on non-residential properties. Use of artificial turf is only allowed in special circumstances as approved by the Development Services Director.

10. Bare dirt is not permitted within the front yard, visible street side yard or within the parkway. All bare dirt areas must be finished with a minimum three inch thick layer of mulch, organic bark or earth-toned colored rubber bark.

1300.K. Landscape Plan Approval Required

1. Required landscape plan. Except as otherwise specified in this Section any application for any development that requires a grading permit, building permit, use permit, or site plan and design review must include landscape and irrigation plans which provide for the utilization of low-water usage irrigation systems and a landscape design consistent with the requirements of this Section. The plans must be prepared by a licensed landscape architect or other licensed professionals as allowed by the State law.

2. Review required. The plan must contain the information described in the Implementation Guidelines and is subject to review and approval by the Director for compliance with the landscape design criteria contained in this Section. The review process represents the basis for approval or denial of a landscape design proposal. No grading, building, use permit, or site plan and design approval will be issued until a project has received approval from the Director.

3. Full construction drawings required. Following the granting of all required planning and subdivision approvals, full construction drawings must be submitted to the Building Division for plan check approval. Drawings submitted for plan check must include the entire Landscape Documentation Package described in the Implementation Guidelines , including the approved Preliminary Landscape Design Plan. The Landscape Design Plan must be in substantial conformity with the approved Preliminary Landscape Design Plan prior to issuance of building permits.

1300.L. Landscape Documentation Package

1. A copy of the landscape documentation package conforming to this Section and landscape plan check fee as set forth by the City Council must be submitted to the City. No grading or building permits will be issued until the City reviews and approves the landscape documentation package.

2. For multifamily developments of five units or more, and for all new commercial, industrial, or institutional developments, a copy of the approved landscape documentation package must be provided to the property owner or site manager along with the record drawings, and any other information normally forwarded to the property owner or site manager. All installed landscaping and irrigation systems must be maintained according to the approved landscape documentation package.

3. Each landscape documentation package must include the following elements:

   • a. Landscape design plan pursuant to Sec. 1300.M.1. Landscape Design Plan ;

   • b. Irrigation design plan pursuant to Sec. 1300.M.2. Irrigation Design Plan ;

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Part 13 | Appendix

Elements of Landscape Documentation Package

• c. Certificate of substantial completion, pursuant to Sec. 1300.M.3. Certifcate of Substantial Completion , signed and sealed by licensed landscape architect (to be submitted after installation of the project as a requirement prior to certificate of occupancy); and

• d. Such other information as deemed necessary by the Director of Community Development or designee including, but not limited to, a grading design plan and soil analysis.

1300.M. Elements of Landscape Documentation Package

1. Landscape Design Plan

A landscape design plan meeting the following requirements must be submitted as part of the landscape documentation package:

a. Plant Selection and Grouping

1. Plants having similar water use must be grouped together in distinct hydrozones.

2. Plants must be selected appropriately based upon their adaptability to the climatic, geological and topographical conditions of the site. Protection and preservation of native species and natural areas is encouraged. The planting of trees is encouraged wherever it is consistent with other provisions of this Section.

3. Changes to planting materials appearing on the approved landscaping plans may be permitted during construction of the project, after completion of the project, or during the course of normal landscape maintenance provided that all requested alternate plant materials are contained on the list of acceptable planting materials in this Section and provided further, that equivalent size, type, coverage, and appearance is approved by the Community Development Director or designee.

4. Fire prevention needs must be addressed in areas that are fire prone. Fire-resistant landscaping buffers must be provided between commercial and residential building developments and naturally vegetated but fire-prone areas, as identified by the Community Development Department.

b. Water Features

1. Recirculating water must be used for decorative water features.

2. Pool and spa covers are encouraged.

c. Landscape Design Plan Specifications

The landscape design plan must be drawn on project base sheets at a scale that accurately and clearly identifies the following:

1. Designation of hydrozones and a description of water usage within said hydrozones (low, moderate, and high irrigation water requirements);

2. Landscape materials, trees, shrubs, groundcover, turf and other vegetation. Planting symbols must be clearly drawn and plants labeled by botanical name, common name, container size, spacing, and quantities of each group of plants indicated;

3. Property lines and street names;

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Elements of Landscape Documentation Package

4. Streets, driveways, walkways, and other paved areas;

5. Pools, ponds, water features, fences, and retaining walls;

6. Existing and proposed buildings and structures including pad elevations, if applicable;

7. Natural features including but not limited to rock outcroppings, existing trees, and shrubs that will remain;

8. Tree staking, plant installation, soil preparation details, and any other applicable planting and installation details;

9. A calculation of the total landscaped area and percentage of turf area; and

10. Designation of recreational areas.

2. Irrigation Design Plan

• a. All landscaped areas must be provided with an approved irrigation system that must include an automatic master control with multi-calendar, timer, and multi-station capabilities when the project is zoned commercial, institutional or industrial, or when the project is multiple-family residential with more than five dwelling units.

• b. Irrigation must be performed in conformance with the City Code , or with standard water conservation practices.

• c. An irrigation design plan meeting the following requirements must be submitted as part of the landscape documentation package:

1. Runoff and Overspray

• i. Soil types and infiltration rate must be considered when designing irrigation systems. All irrigation system must be designed to avoid runoff, low head drainage, over-spray or other similar conditions where water flows onto adjacent property, nonirrigated areas, walks, roadways, or structures. Proper irrigation equipment and schedules, including features such as repeat cycles, must be used to closely match application rates to infiltration rates, therefore minimizing runoff.

• ii. Special attention must be given to avoid runoff on slopes and to avoid overspray in planting areas with a width less than ten feet and in median strips.

2. Equipment

i. Water Meters

A separate landscape water meter must be installed for all projects except for single family dwellings or any project with a landscaped area of less than five thousand square feet.

ii. Controllers

An automatic control systems is required for all irrigation systems and must be able to accommodate all aspects of the design.

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Plant List

iii. Valves

Plants which require different amounts of water must be irrigated by separate valves. If one valve is used for a given area, plants with similar water use must be used in that area. Anti-drain (check) valves must be installed in strategic points to minimize or prevent lowhead drainage.

iv. Sprinkler Heads

Heads and emitters must have matched precipitation rates within each control valve circuit. Sprinkler heads must be selected for proper area coverage, application rate, operating pressure, adjustment capability, and ease of maintenance.

v. Rain-Sensing Override Devices

Rain-sensing override devices are required on all irrigation systems.

vi. Soil Moisture-Sensing Devices

Soil moisture-sensing devices must be considered where appropriate.

d. Irrigation Design Plan Specifications

1. Irrigation systems must be designed to be consistent with hydrozones.

2. The irrigation design plan must be drawn on project base sheets. It must be separate from, but use the same format as, the landscape design plan. The scale must be the same as that used for the landscape design plan described in Sec. 1300.M.1. Landscape Design Plan .

3. The irrigation design plan must accurately and clearly identify:

   • i. Location and size of separate water meters for the landscape;

   • ii. Location, type, and size of all components of the irrigation system, including but not limited, to automatic controllers, main and lateral lines, valves, sprinkler heads, moisturesensing devices, rain switches, quick couplers, and backflow prevention devices;

   • iii. Static water pressure at the point of connection to the public water supply;

   • iv. Flow rate (gallons per minute), application rate (inches per hour) and design operating pressure (psi) for each station; and

   • v. Estimated annual water use expressed in inches per square foot of landscaped area per year.

3. Certificate of Substantial Completion

Prior to the final of building permits, the applicant must submit a certificate of substantial completion to the City utilizing forms designated for this purpose.

1300.N. Plant List

Other plant materials not included in this list but suitable in climate zones overlaying the City of Pomona are subject to review and approval by the Planning Division.

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Part 13 | Appendix

Plant List

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----- Start of picture text -----
Scientific Name Common Name Water Usage
Groundcovers
Achillea tomentosa Woolly Yarrow L
Ajuga reptans Carpet Bugle H
Drosanthemum spp. Ice Plant (Drosanthemum) L
Mesembryanthemum crystallinum Ice Plant (Memsembryanthemum) L
Armeria maritima Sea Pink M
Atriplex semibaccata Australian Saltbrush L
Carissa macrocarpa (pros. cvs.) Natal Plum M
Ceanothus spp. California Lilac L
Ceratostigma plumbaginoides Dwarf Plumbago M
Cistus spp. Rockrose L
Hedera helix English Ivy M
Lantana montevidensis Lantana L
Phyla nodiflorra Lippia L
Potentilla verna Cinquefoil M
Rosemarinus "Prostratus" Trailing Rosemary L
Santolina spp. Lavender Cotton L
Trachelosperum jasminoides Star Jasmine M
Verbena peruviana Peruvian Verbena L
Vinca minor Periwinkle M
Vines
Bougainvillea spp. Bougainvillea L
Cissus antarctica Kangaroo Treebine M
Clytostoma callistigioides Violet Trumpet Vine M
Distictis buccinatoria Blood Red Trumpet Vine M
Ficus pumila Creeping Fig M
Gelsemium sempervirens Carolina Jessamine M
Hedera helix English Ivy M
Lonicera hildebrandiana Giant Burmese Honeysuckle L
Lonicera japonica Japanese Honeysuckle L
Macfadyena unguis-cati Cat's Claw L
Pandorea jasminoides Bower Vine M
Parthenocissus quinquefolia Virginia Creeper M
Parthenocissus tricuspidata Boston Ivy M
Passiflora spp. Passion Vine M
Legend:
L - Low water usage plants | M - Medium water usage plants | H - High water usage plants
----- End of picture text -----

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Part 13 | Appendix

Plant List

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----- Start of picture text -----
Scientific Name Common Name Water Usage
Rosa banksiae Lady Banks Rose M
Rosa., other climbing spp. Climbing Roses M
Solanum jasminoides Potato Vine L
Tecomaria capensis Cape Honeysuckle M
Trachelospermum jasminoides Star Jasmine M
Wisteria spp. Wisteria M
Shrubs
Callistemon citrinus Bottle Brush L
Cassia artemisioides Feathery Cassia L
Ceanothus spp. California Lilac L
Dietes bicolor Fortnight Lily M
Elaeagnus angustifolia Russion Olive L
Feijoa sellowiana Pineapple Guava M
Fremontedendron spp. Flannel Bush L
Grevillea spp. Grevillea L
Heteromeles arbutofolia Toyon L
Mahonia aquifolium Oregon Grape M
Nandina domestica Heavenly Bamboo M
Nerium oleander Oleander L
Phormium tenax New Zealand Flax M
Pittosporum tobira Mock Orange M
Punica granatum "Nana" Dwarf Pomegranate M
Raphiolepsis spp. Indian Hawthorne M
Ribes sanguineum Red Flowering Currant M
Ternstroemia gymnanthera Ternstroemia M
Viburnum tinus Laurustinus M
Xylosma congestum Shiny Xylosma L
Trees
Acacia longifolia Sydney Golden Wattle L
Acacia melanoxylon Blackwood Acacia L
Agonis flexuosa Peppermint Tree M
Albizia julisbrissin Silk Tree M
Areccastrum romanzoffianum Queen Palm M
Bauhinia variegata Purple Orchid Tree M
Brachychiton acerifolius Flame Tree L
Legend:
L - Low water usage plants | M - Medium water usage plants | H - High water usage plants
----- End of picture text -----

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Water-Efficient Landscape Criteria

Part 13 | Appendix

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----- Start of picture text -----
Scientific Name Common Name Water Usage
Brachychiton populneus Bottle Tree L
Cedrus deodora Deodar Cedar M
Ceratonia siliqua Carob L
Cercis occidentalis Western Redbud L
Chilopsis linearis Desert Willow M
Cinnamomum camphora Camphor Tree M
Citrus spp. Orange, Lemon, etc. M
Cupaniopsis anacardiodides Carrotwood M
Eryobotrya japonica Loquat M
Eucalyptus ficifolia Red Flowering Gum M
Eucalyptus polyanthemos Silver Dollar Gum L
Ficus microcarpa Indian Laurel Fig/Laurel Fig M
Ficus rubiginosa Rusty Leaf Fig M
Fraxinus oxycarpa "Raywood" Raywood Ash M
Gleditsia triacanthos Honey Locust M
Hymenosporum flavum Sweet Shade M
Jacaranda mimosifolia Jacaranda M
Koelreuteria paniculata Golden Rain Tree L
Lagerstroemia indica Crape Myrtle M
Liquidambar styraciflua Sweet Gum M
Phoenix Canariensis Canary Island Date Palm L
Pinus canariensis Canarian Island Pine M
Podocarpus gracilior Fern Pine H
Pyrus calleryana cultivars Callery Pear M
Quercus ilex Holly Oak L
Washington filifera California Fan Palm L
----- End of picture text -----

Legend:

L - Low water usage plants | M - Medium water usage plants | H - High water usage plants

1300.O. Water-Efficient Landscape Criteria

1. Landscape and irrigation plans must be reviewed for compliance with the water-efficient landscape criteria. These comprise a point system with points awarded for both landscape and irrigation techniques.

2. A minimum of one hundred points out of one hundred forty available, must be achieved in each technique category in order for the Community Development Director or designee to approve the plans.

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Landscape And Irrigation Maintenance

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----- Start of picture text -----
Landscape Techniques Points
Water conserving plants, and/or plants native to hot/dry summers, utilized in
40
seventy-five percent of the total plant area of the landscape.
Turf limited to forty percent of the total landscape area in residential projects;
twenty percent of the total landscape in all other projects. In no case will turf 30
make up more than fifty percent of the total landscape.
Use of creative, thoughtful and diverse hydrozones to enhance the overall
landscape design, with plants grouped based on the amount of water needed to 30
sustain them.
Mulch utilized in the landscape (two inches minimum, three inches preferred). 20
Hardscape, or non-irrigated surfaces use in at least ten percent of the total
10
landscape.
Where turf is utilized, the use of a proven water-conserving turf (e.g., "marathon"
10
or equivalent).
Total 140
Irrigation Techniques Points
The total amount of irrigation water applied to all landscaped areas does not
40
exceed forty-two inches per square foot of landscaped area per year.
Low-water volume irrigation system equipped with a multi-station and multi-
30
schedule master control panel.
Irrigation system designed to water different areas of the landscape based on
20
watering need (drip/trickle for shrubs, separate valves, etc.).
Sensitive to slope factors. 20
Soil moisture sensors used in conjunction with the automatic irrigation system. 10
Wind sensors and rain sensors used in conjunction with the automatic irrigation
10
system.
Uses of reclaimed or recycled water in accordance with Health and Safety
10
Codes.
Total 140
----- End of picture text -----

3. Additional comparable points (not to exceed thirty) may be awarded for the use of any waterconserving method not listed above which the Community Development Director or designee finds to be in accordance with the purposes of this Section.

1300.P. Landscape And Irrigation Maintenance

1. Landscaping and vegetation must be maintained as follows:

   • a. All landscaped areas must be kept and maintained in a manner that does not detract from the appearance of the immediate neighborhood, and that protects the health, safety, and welfare of the user, occupants, and general public.

   • b. Landscaped areas must be kept and maintained in a neat and clean condition, free of weeds, debris and dead, diseased, or dying vegetation, and broken or defective decorative elements.

• c. Vegetation in landscaped areas must be mowed, groomed, trimmed, pruned, and watered to maintain a healthy, growing condition.

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Cooperation with Water Purveyor(s)

• d. Vegetative overgrowth is not permitted in a manner that is likely to harbor rodents, vermin, insects, or other nuisances; or impedes, obstructs, or denies pedestrian or other lawful travel on sidewalks, walkways, or other public rights-of-way.

• e. All property owners must water, weed, and otherwise maintain landscaping in the parkway portions of adjoining streets, including street trees.

2. Irrigation systems must be maintained as follows:

   • a. Irrigation systems must be kept in good working condition and repair to prevent leaks or public health hazards.

   • b. Water waste resulting from inefficient landscape irrigation leading to excessive runoff, lowhead drainage, overspray, and other similar conditions where water flows onto adjacent property, non-irrigated areas, walks, or structures, must be minimized.

   • c. Irrigation systems and their components must be maintained in a fully functional manner consistent with the originally approved design and the provisions of this Section.

   • d. Landscapes must be maintained to ensure water efficiency. A regular maintenance schedule must include at least: checking, adjusting and repairing irrigation equipment; resetting the automatic controller; aerating and dethatching turf areas; replenishing mulch; fertilizing; pruning; and weeding in all landscaped areas.

3. Artificial turf must be maintained as follows:

   • a. All artificial turf areas must be kept and maintained in a manner that does not detract from the appearance of the immediate neighborhood, and that protects the health safety, and welfare of the user, occupants, and general public.

   • b. Artificial turf areas must be kept free of animal waste, rubbish, leaves, sand, rocks, algae, mold, fungi, natural grass and weeds.

   • c. Artificial turf seams, joints and edges must be inconspicuous and not allowed to cause tripping or other hazards.

   • d. Artificial turf that is discolored, deteriorated, matted, torn, stained, shows excess wear or is otherwise unsightly or neglected must be repaired or replaced to the satisfaction of the City.

   • e. Artificial turf infill material must be maintained at adequate levels to allow proper use of the turf. Infill materials is not allowed to accumulate within the artificial turf area or otherwise be visible from the public right-of-way. Sweeping, raking or otherwise redistributing infill material on a regular basis is required.

1300.Q. Cooperation with Water Purveyor(s)

Local agencies may collaborate with water surveyors to define each entity's specific responsibilities - relating to this Sec. 1300. Landscape (Formerly Sec. 503 J) . The City of Pomona is the water surveyor for this service area to implement all of the requirements contained in Sec. 1300. Landscape (Formerly Sec. 503-J) .

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Oak Tree Preservation

1300.r. Minor Modifications to Approved Landscape and Irrigation Plans

The Director may approve minor changes to approved landscape, irrigation, and related plans, subject to the following criteria:

1. Minor modifications to approved landscaping and irrigation, or grading plans which comply with the spirit and intent of this Section, including but not limited to, revising or substituting plant varieties, container sizes, plant locations, irrigation specifications, hardscape components, berm heights, berm locations, slope features, and the like.

2. Modifications of planting, installation, and soil preparation details.

1300.S. Oak Tree Preservation

1. Purpose and Intent

• a. The purpose of this Section is to promote the public health, safety and welfare by providing for the preservation of mature Oak trees located within the city. Such Oak trees enhance neighborhood aesthetics, provide shade, aid in erosion control, and generally enhance the quality of life.

• b. It is the intent of this Section to establish regulations for the protection of mature Oak trees located on public and private property that are not currently protected under existing regulations, so as to retain as many of these trees as possible consistent with the reasonable enjoyment of such property.

2. Definitions

Deadwood. Means any limbs, branches or portion of a tree that contains no green leaves during a period of the year when they should be present.

Historic District. Means any area that has been designated as a historic district pursuant to Sec. 800.D. Established Historic Districts and Landmarks and placed on the historic register.

• Historic Landmark. Means any improvement or natural feature that has been designated a single historic landmark of the City of Pomona pursuant to Sec. 800.D. Established Historic Districts and Landmarks and placed on the historic register.

• Specimen Tree. Means any tree designated as a "specimen tree" pursuant to City Council Resolutions No. 62-65 and No. 73-68 .

Table 1: Oaks Currently Designated as Specimen Trees

==> picture [488 x 109] intentionally omitted <==

----- Start of picture text -----
Number Common Name Location Address
Old 200 block W.
4 California Live Oak Old City Hall
Mission
Mt. San Antonio
1 California Live Oak 900 E. Harrison
Gardens yard
1 Deciduous Oak Old City Hall 200 block W. Mission
1 Southern Live Oak Front yard 1837 Berkshire
----- End of picture text -----

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3. Applicability

The provisions of this Section apply to Oak trees of all species that have a diameter greater than eight (8) inches as measured 4.5 feet above the mean natural grade, are located outside of designated Historic Districts and Historic Landmarks and have not been designated as Specimen Trees. Such Oak trees may be located on either public or private property.

4. Permit Process

A person must not trim, prune, cut, relocate or remove any Oak tree subject to the provisions of this Section unless a valid Major or Minor Oak Tree Permit has been issued by the City pursuant to provisions of this Section.

a. Major and Minor Oak Tree Permits

Minor Oak Tree Permits are subject to administrative review by the Planning Manager and City Arborist. Major Oak Tree Permits are subject to a public hearing before the Planning Commission. Not less than ten (10) days before the date set for the Planning Commission hearing, notice of the hearing will be published in a daily newspaper of general circulation and mailed to owners and occupants of property located within a radius of four hundred (400) feet from the external boundaries of the property described in the OTP application.

Table 2: Required Oak Tree Permits (OTPs)

*Exemption applies to City Arborist initiated trimming. For additional exemptions, see Subsection E below.

b. Review and Recommendation by City Arborist

All applications for Major and Minor Oak Tree Permits are subject to review and recommendation by the City Arborist before final approval of an Oak Tree Permit by the Planning Commission or Planning Manager.

c. Trimming

All Oak trees subject to the provisions of this Section must be trimmed under the direction of a certified arborist in a manner that is consistent with the adopted trimming policies outlined in the City of Pomona Street Tree Policy Manual and ISA standards .

d. Application Requirements for Minor Oak Tree Permits

On forms available in the Planning Division, an application for a Minor Oak Tree Permit for trimming must be submitted, together with any required fee, to the Planning Division. The application must include recent photos of each Oak tree proposed to be trimmed.

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e. Application Requirements for Major Oak Tree Permits

An application for a Major Oak Tree Permit for relocation or removal must be submitted, together with any required fee, to the Planning Division. The application must contain the following information and items:

1. A statement as to the reasons for the proposed relocation or removal;

2. The number, species and size (diameter measured 4.5 feet above the mean natural grade) of the Oak tree(s) proposed to be relocated or removed;

3. A site plan showing the location of all trees on the subject property in relation to existing and proposed structures and improvements such as buildings, streets, sidewalks, fences, slopes, retaining walls, public right-of-way or improvement, etc.;

4. Photographs of the Oak tree(s) proposed to be relocated or removed;

5. Proposed method of removal or relocation;

6. Identification of the relocation site and methods of site preparation; and

7. Verification by the City Arborist of the health of any Oak tree declared diseased, infested or dying.

• f. Findings for Major Oak Tree Permits

A Major Oak Tree Permit for relocation or removal will only be approved based on the following findings:

1. The proposed relocation or removal of the Oak tree(s) will not result in soil erosion through the diversion or increased flow of surface waters which cannot be satisfactorily mitigated;

2. The proposed relocation or removal of the Oak tree(s) is necessary as continued existence at the present location impedes the planned improvement or proposed use of the subject property to such an extent that:

   • i. Alternative development plans cannot achieve the same permitted density or the cost of such alternative would be prohibitive, or

   • ii. Placement of the Oak tree(s) precludes the reasonable and efficient use of such property for a use otherwise authorized;

3. The proposed trimming, cutting and pruning will be limited to the minimum necessary to promote the health of the tree and protect the public safety, and whenever possible trees should remain in place or be moved only the minimum distance necessary to preserve the health of the tree and protect the public safety.

4. The Oak tree(s) proposed for relocation or removal interferes with utility services or streets and highways, either within or outside of the subject property, and no reasonable alternative to such interference exists other than the relocation or removal of the Oak tree(s);

5. The condition of the Oak tree(s) proposed for removal with reference to seriously debilitating disease or danger of falling is such that it cannot be remedied through reasonable preservation procedures and practices; and

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6. The proposed relocation or removal of the Oak tree(s) will not be contrary to or in substantial conflict with the purpose and intent of the Oak Tree Permit process.

g. Appeals

Within ten (10) calendar days of a determination on a Minor Oak Tree Permit by the Planning Manager or a determination on a Major Oak Tree Permit by the Planning Commission, the application for an Oak Tree Permit may be appealed to the Planning Commission in the case of the Planning Manager's decision or to the City Council in the case of the Planning Commission's decision. The appeal must be submitted to the Planning Division on forms available in the Planning Division.

5. Exemptions

• a. The following activities are exempt from the requirements of the Oak Tree Permit process:

  1. City Arborist initiated trimming of Oak trees located on City property only when the minimum amount of trimming needed will be carried out to foster and preserve the health and aesthetics of the tree, or to correct or prevent a potentially dangerous or hazardous condition posing an immediate threat to public health, safety and welfare subject to all provisions of Sec. 1300.J.4.f. Findings for Major Oak Tree Permits ;

trimming of Oak trees located on City property only when the minimum amount of trimming needed will be carried out to foster and preserve the health and aesthetics of the tree, or to correct or prevent a potentially dangerous or hazardous condition posing an immediate threat to public health, safety and welfare subject to all provisions of Sec. 1300.J.4.f. Findings for Major Oak Tree Permits ;

2. Removing the dead wood from Oak trees located on private and City property without damaging any living portions of the trees;

3. Trimming, relocation or removal of Oak trees planted, grown or held for sale by a licensed nursery or tree farm;

4. Trimming, relocation or removal of Oak trees located on property within a rail road right-ofway;

5. Trimming, relocation or removal of Oak trees located on property owned by Caltrans or the Los Angeles County Flood Control District; and

6. Trimming, relocation or removal of Oak trees that the City Arborist determines are dangerous or hazardous and pose an immediate threat to the public health, safety and welfare.

7. Utility company or utility service trimming, relocating or removal of an Oak tree(s) when the City Arborist or a State licensed, City approved arborist provides documentation that the trimming, relocation or removal is needed to correct or prevent a potentially dangerous or hazardous condition posing an immediate threat to the public health, safety and welfare. Said trimming, relocating or removal must be proposed and completed in a manner to preserve, to the fullest extent possible, the tree in place, with the minimum physical alteration needed to preserve the health of the tree and protect public safety.

• b. Within ten (10) days of completing said trimming, the City Arborist or the State licensed, City approved arborist will perform a field inspection of the completed work on the tree(s) in question and will provide written documentation that the work was completed in conformance with all standards and requirements contained within Sec. 1300.J. Nonresidential Landscape Standards .

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6. Permit Expiration

An approved Major or Minor Oak Tree Permit will be valid for not more than thirty (30) calendar days from the date of Permit approval. One (1) thirty (30) day extension may be granted by the Planning Manager without fee.

7. Final Oak Tree Permit Inspection

• a. Within seventy-two (72) hours of the completion of any trimming, cutting, pruning, relocation or removal of an Oak tree(s) under an approved Major or Minor Oak Tree Permit, the permittee must contact the Planning Division to request a final inspection. Said inspection will be completed by the City Arborist within seventy-two (72) hours of the Planning Division's having received the inspection request to verify that all work was performed in conformance with the approved Oak Tree Permit and this Section.

n Oak tree(s) under an approved Major or Minor Oak Tree Permit, the permittee must contact the Planning Division to request a final inspection. Said inspection will be completed by the City Arborist within seventy-two (72) hours of the Planning Division's having received the inspection request to verify that all work was performed in conformance with the approved Oak Tree Permit and this Section.

• b. Unless a final inspection is requested and completed within thirty (30) calendar days following the approval of a Major or Minor Oak Tree Permit, or an extension thereof, the City Arborist will perform a field inspection to verify that all work was completed in conformance with the approved Oak Tree Permit and this Section.

• c. If the final inspection determines that the work performed was not completed in conformance with the approved Oak Tree Permit or the Ordinance, then the work must be corrected within seven (7) calendar days following written notice from the Planning Manager of said non-conformance, or within a time period approved by the Planning Manager. Failure of the permittee to complete the required corrections will be deemed to constitute a misdemeanor as noted in herein for each tree identified within the Oak Tree Permit which was not altered in compliance with said Permit and this Ordinance. Further, upon conviction of a misdemeanor for violation of this section, if any Oak tree identified within the approved Oak Tree Permit dies within three (3) years of the date of conviction, then the person so convicted must be required to pay to the City the dollar amount for a replacement tree of equal size, including installation costs. The dollar replacement value will be determined by the criteria set forth by the International Society of Arboriculture (ISA). Said dollar value must be remitted to the City and used only to install a new Oak tree(s) within the same City Council district where the dead tree(s) was originally located.

8. Oak Tree Replacement and Mitigation

• a. The planting of replacement trees or other mitigation measures will be included as conditions of permit approval for the removal of Oak trees subject to the provisions of this Section.

• b. For residential property, the removal of each Oak tree will require replacement with a minimum twenty-four (24)-inch-box Oak tree on a one-to-one basis. For institutional, commercial or industrial property, the removal of each Oak tree will require replacement with a minimum thirty-six (36)-inch-box Oak tree on a one-to-one basis. Additional or larger trees and other vegetation may be required as conditions of permit approval, if they are determined to be necessary to compensate for the loss of the original Oak tree(s) and/or to aid in erosion control or to otherwise protect the environment from the effects of the tree removal.

• c. Replacement Oak trees must be planted on the property where the Oak trees were removed. However, if an appropriate replanting location does not exist, the replacement trees may be donated to the City or their monetary value may be paid to the City to the satisfaction of the City

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Arborist. Any monies paid will be used to purchase an Oak tree(s) for planting within the City in a location(s) recommended by the City Arborist.

9. Penalties

Any person who trims, prunes, cuts, relocates or removes an Oak tree(s) tree with a diameter greater than eight (8) inches as measured 4.5 feet above the mean natural grade in violation of this Section will be deemed guilty of a misdemeanor and, upon conviction, may be punished as set forth in Section 1-7 (c) of the Pomona City Code . Further, if any Oak tree(s) so trimmed, pruned, cut, relocated or removed dies within three (3) years of the date of conviction, then the person so convicted will be required to pay to the City the dollar amount for a replacement tree of equal size, including installation costs. The dollar replacement value will be determined by the criteria set forth by the International Society of Arboriculture (ISA). Said dollar value must be remitted to the City and used only to install a new Oak tree(s) within the same City Council district where the dead tree(s) was originally located.

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Definitions

Part 13 | Appendix

Sec. 1310. Public Art Requirement (Formerly .5809-24)

1310.a. Purpose and Intent

The City Council finds and declares as follows:

1. New development and redevelopment within the City of Pomona increases urbanization and decreases the amount of land available for development of cultural and artistic resources for the community.

2. Development of cultural and artistic asset should be financed by those whose development and redevelopment project decreases the availability of the community’s resources for those opportunities and contributes to urbanization of the City.

3. The establishment of the Art in Public Places Program will promote the general welfare by balancing the community’s physical growth and revitalization and its cultural and artistic resources.

4. This section establishes a public art requirement for private development that involves the provision of new public art on private development project sites within the City.

5. The public art requirement for private development provides exemplary art pieces installed in publicly accessible and visible areas such that the art pieces will enrich and enliven the community.

6. The requirement for the provision of well conceived and executed public art as part of private development will enhance the economic vitality of the City, develop community pride and identity, and improve the general welfare and quality of life in the City.

7. Maintenance of existing public art provides a benefit to the community by preserving existing public artworks that are freely available and viewable by the general public.

1310.B. Definitions

Applicant. A person who is overseeing or responsible for a Project that is subject to the requirements of this Section. An “Applicant” may include, but is not limited to, a developer or a property owner, or an art consultant retained by a developer or property owner.

Annual Reporting. The use of all in-lieu fees collected and deposited in the Fund, including identification of all income, expenditures, and resulting Fund Balance will be reported annually to the City Council by the Finance Director of the City.

Art in Public Places Policy and Guidelines Manual (or the Manual). A manual approved by resolution of the City Council that contains submittal requirements; guidelines for the selection of artists, artwork and locations for public artworks; and application procedures for the provision of Public Art.

Building Valuation. The total dollar amount of all construction permits for the same development project using the latest building valuation data as set forth by the International Conference of Building Officials (ICBO) building valuation.

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Projects Subject to the Public Art Requirement

• Budget. The Art in Public Places Program will have an annual budget that will be included as a part of the City’s budget.

City. The City of Pomona.

Commission. The City of Pomona Cultural Arts Commission.

Conceptual Design Plan. The initial phase of the approval of Public Art on private development sites that includes review of the artist’s or artist design team’s qualifications, conceptual artwork design, and artwork location.

Final Design Plan. The final phase of the approval of Public Art on private development sites that involves a highly defined proposal that conforms to the concept previously considered and approved by the Cultural Arts Commission.

In-lieu Contribution. An amount equal to one percent (1%) of the Building Valuation for a Project.

Institutional Project (as it pertains to this section). A project involving a nonprofit or quasi-public use, such as a religious institution, library, public or private school, hospital, museum or college or university.

Project. A project that is listed in Sec. 1310.C. Projects Subject to the Public Art Requirement , below, and that is subject to the requirements of this Section.

Public Art. Any permanent display of a work of visual art that was specifically designed to be located on a site where it would to be accessible to public view on private or public property within the City of Pomona. Public Art may include, but need not be limited to, sculpture, murals, mosaics, fountains, stained glass, and earthworks.

Public Art Allocation. An amount equal to one percent (1%) of the Building Valuation for a Project.

Public Art Fund. An interest-bearing Fund of the City that is managed by the Finance Director, or designee, into which public art funds, including donated funds and in-lieu funds, are deposited.

1310.C. Projects Subject to the Public Art Requirement

1. Effective January 4, 2012 the following Projects, except as provided in Sec. 1310.D. Exemptions , below, are subject to the requirements of this Section:

   • a. New commercial, institutional, and industrial development where the total building valuation for the project is $750,000 or more;

• b. New residential development of 10 units or more, whether detached single-family residences, condominiums, apartments, townhouses, or other dwelling units;

  • c. Interior and exterior remodeling, repair, modifications, reconstruction, and additions to existing commercial, institutional and industrial property where the total building valuation for the project is $750,000 or more;

  • d. Interior and exterior remodeling, repair, modifications, reconstruction, and additions to existing residential property of 10 units or more where the total building valuation is $750,000 or more; and

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Exemptions

• e. Infrastructure improvements including telecommunications, natural resource development, and delivery systems valued at $3 million or more.

2. Two years from the effective date (January 4, 2014), the City Council will review Sec. 1310. Public Art Requirement (Formerly .5809-24) .

1310.D. Exemptions

Notwithstanding Sec. 1310.C. Projects Subject to the Public Art Requirement , above, the following projects are exempt from the requirements of this Section:

1. All mechanical, plumbing and electrical system upgrades, structural or seismic upgrades, and modifications for disabled access, unless occurring in conjunction with interior and exterior remodeling, repair, modifications, reconstruction, and additions to existing commercial and industrial property as provided in Sec. 1320.C.1.c. , above.

2. Remodeling, repair or reconstruction of structures solely for the purpose of repairing damage to such structures caused by fire, flood, wind, earthquake, or other natural cause.

3. City capital improvement projects that include the following:

   • a. Basic road projects including, but not limited to, construction, curbing, drainage, striping and signalization;

   • b. Public utility projects;

   • c. Sewer and water main improvements;

   • d. Projects funded by a revenue source that by law cannot be used for the acquisition of works of art;

   • e. Acquisition of land; or

   • f. Public improvements that are in progress upon the adoption of this section, and where the construction budget cannot be modified to allow for the funding allocation.

4. Projects approved through the Redevelopment Agency with current, valid development agreements in place (RDA to provide list of projects with addresses) prior to January 4, 2014.

5. Projects that have been approved prior to the effective date of the ordinance through entitlement applications through the Planning Commission and/or City Council and all of the entitlements granted are still valid and have not expired based on allowed timing of project commencement.

6. Projects that have complete building plan check applications submitted and are in review by the Building and Safety Division prior to January 4, 2014.

7. Projects that have approved plan checks prior to January 4, 2014, and such plan checks are still valid and have not expired, which would allow for issuance of a building permit.

8. Projects that have been issued building permits prior to January 4, 2014, and such permits have not been allowed to expire.

9. Any Planning Division project applications deemed to meet the minimum submittal materials for Planning Commission entitlements, prior to January 4, 2014.

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[Reserved]

1310.E. [Reserved]

1310.F. Requirement to Provide Public Art

For all Projects that are subject to the requirements of this Section, the Applicant must comply with one of the following two options:

1. Placement of an Approved Public Art on the Project Site

• a. The Applicant may decide to place an approved Public Art on a private development site. The Public Art, and all eligible expenditures associated with installation of the Public Art (as described in the Manual), must be in an amount equal to or in excess of the Public Art Allocation.

• b. A Final Design Plan of the Public Art to be installed on the Project site must be approved by the Commission before issuance of a building permit for the Project.

• c. The Public Art must be installed on the Project site before issuance of a Certificate of Occupancy, including any temporary Certificate of Occupancy, for the Project. In cases where the Public Art cannot be installed on the Project site before issuance of a Certificate of Occupancy, the Applicant may post a cash bond to assure installation of the Public Art. The cash bond must be in an amount equal to the Public Art Allocation or an amount based on any remaining, unexpended artwork budget as determined by the Community Development Director. The bond must not be released until the Public Art has been completed and installed on the Project site in accordance with the approved Final Design Plan.

2. Payment of an In-lieu Contribution

• a. Rather than place an approved Public Art on the Project site, the Applicant may choose to pay an In-lieu Contribution. The In-lieu Contribution must be submitted to the City and deposited into the Public Art Fund before issuance of any building permit for the Project.

• b. Use of In-lieu Contributions must comply with the following:

  1. In-lieu Contributions will be used for the acquisition and installation of Public Art on public or private property in the City, except that up to 1/3 of the In-lieu Contribution may be used for maintenance of the proposed Public Art or an existing Public Art that is listed on the City’s registry of Public Art.

  2. In-lieu Contributions may be aggregated with other funds contained in the Public Art Fund for the purpose of providing a single qualifying Public Art project.

  3. Refunds of in-lieu fees are subject to the provisions of California Government Code's Mitigation Fee Act (Sec. 66000-66025.) .

  4. Procedures for use of In-lieu Contributions to provide Public Art are established in the Manual.

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Application & Approval Procedures for Public Art Placement on Private Property

1310.G. Application & Approval Procedures for Public Art Placement on Private Property

1. Staff Review

If a Project is subject to the requirements of this Section, the Applicant must submit a Conceptual Design Plan to the City’s Planning Division for preliminary review by Planning staff. Planning staff will make a determination on completeness of the Conceptual Design Plan within 30 days of submittal to the Planning Division. At a minimum, the Conceptual Design Plan must include the following:

• a. Artist, or artist team, biographical materials demonstrating how they meet the artist selection guidelines contained in the Manual.

• b. Preliminary sketches, photographs, or other documentation of sufficient descriptive clarity to indicate the nature of the proposed Public Art.

• c. An appraisal or other evidence of the value of the proposed Public Art, including acquisition and installation costs.

• d. Preliminary plans containing such detailed information as may be required by the Planning Division staff to adequately evaluate the location of the Public Art in relation to the proposed Project, and its compatibility with the proposed Project, including compatibility with the character of adjacent conforming developed parcels and existing neighborhood if necessary to evaluate the proposal.

• e. A narrative proposal with elevations, site plans, lines of sight studies, renderings, and other descriptive materials as deemed necessary by Planning staff to demonstrate that the Public Art will be displayed in an area open and freely available to the general public or otherwise provide public accessibility in an equivalent manner based on the characteristics of the Public Art or its placement on the Project site.

• f. Preliminary budget showing how the total value of the Public Art, and all eligible expenditures associated with installation of the Public Art (as described in the Manual), meets or exceeds the amount of the Public Art Allocation for the Project.

2. Commission / Committee Review

• a. Once the Conceptual Design Plan has been determined to be complete, the Conceptual Design Plan wil be considered by:

  1. An Advisory Committee of the Commission; or

  2. In the event an Advisory Committee has not been formed, the Commission.

• b. The Committee or the Commission will meet with the Applicant and/or Applicant’s art consultant and artist team to review the Conceptual Design Plan and the proposed Public Art. Once the Committee or Commission has completed its review of the proposed project, it will provide recommendations to the Applicant for the development of the Final Design Plan, pursuant to the procedures described in the Manual.

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3. Commission’s Review of Final Design Plan

Once the Conceptual Design Plan has been reviewed by either the Advisory Committee or the Commission, the Applicant must then submit a Final Design Plan of the Public Art that incorporates recommended changes by the Committee or the Commission. The Commission will consider the Final Design Plan, and may either approve, approve with changes or deny the Final Design Plan for the Public Art. Consideration of the Final Design Plan will take place at a public hearing before the Commission. Notification of the public hearing will be sent to all property owners and occupants within 400 feet of the property where the artwork will be located at least 10 days before the meeting of the Commission on the Final Design Plan for the Public Art. Detailed procedures for the approval of Public Art provided by the Applicant is established in the Manual.

4. Appeal of the Commission’s Decision on the Final Design Plan

• a. The applicant, one or more City Council Members, or any person owning property within 400 feet of the exterior boundaries of the proposed Project site may file a written request for an appeal to the City Council within 20 days of the decision of the Commission. Written appeals must be filed with the City Clerk. The City Clerk will set the public hearing date and notify the Applicant. The City Council will receive the original application, the Final Design Plan, any written reports and the appeal request. The City Council may affirm, reverse or modify in whole or in part any Commission decision or requirement. The decision by the City Council will be final.

• b. Submittal requirements and additional application procedures are further described in the Manual.

5. Criteria for Artist Selection, Artwork Selection and Guidelines for Placement of Public Art

Criteria for the selection of an artist or artist design team, selection of the location for the public artwork and criteria for approval of artwork is established in the Manual approved by resolution of the City Council.

6. Ownership and Maintenance of Artwork

• a. All Public Art placed on the site of the Applicant’s Project pursuant to this Section must be the property of either the property owner or their successors in interest, or when applicable, the artist.

• b. The property owner must maintain the Public Art in good condition, including protecting the artwork against physical defacement, mutilation, or alteration, and securing and maintaining fire and extended coverage insurance in an amount to be determined by the City's Risk Manager.

• c. Prior to the placement of an approved Public Art on the Project site, the Applicant must execute and record a covenant in a form approved by the City Attorney for maintenance of the Public Art.

• d. Failure to maintain the Public Art as provided herein is declared to be a public nuisance and may be summarily abated, demolished or repaired by the City with the owner’s consent. The City may pursue additional remedies to obtain compliance with the provisions of this Section as appropriate.

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• e. In addition to other remedies provided by law, in the event the property owner fails to maintain the Public Art, upon reasonable notice, the City may perform all necessary repairs or maintenance to the Public Art or secure insurance, and all costs incurred by the City will become a lien against the property.

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Purpose and Intent

Sec. 1320. Original Artwork Murals (Formerly .5809-25)

1320.a. Purpose and Intent

1. The purpose of this Section is to permit and encourage Original Artwork Murals (as defined below), on a content-neutral basis, that:

   • a. Are sufficiently durable and will be properly maintained;

   • b. Are located on appropriate places on buildings, and constitute a particular scale of the building façade;

   • c. Do not include any unsafe features, or would not pose any unsafe conditions to vehicular or pedestrian traffic;

   • d. Provide avenues for artistic expression; and

   • e. Are assets to the community.

2. It is the intent of this Section to establish regulations for the installation and application of Original Artwork Murals on private property.

1320.B. Original Artwork Mural Permit Requirement

An Original Artwork Mural may be located on any privately owned building in the City provided it is first approved by permit issued by the City’s Planning Division in accordance with the procedures and criteria listed in this Section.

1320.C. Exemptions

The following murals are exempt from this Section:

1. Murals that are proposed as Public Art for private development as regulated by Sec. 1310. Public Art Requirement (Formerly .5809-24) .

2. Murals that are funded by In-Lieu Contributions and donations to the City’s Public Art Fund and that are subject to the procedures established in the Art in Public Places Policy and Guidelines Manual .

1320.D. Definitions

Alteration. Any change to a permitted Original Artwork Mural including, but not limited to, any change in the image or images, materials, colors, or size of the mural. “Alteration” does not include:

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Development Standards

• a. Naturally occurring changes to the mural caused by exposure to the elements or the passage of time; and

• b. Minor changes to the mural that result from the maintenance or repair of the mural, including, but not limited to, slight and unintended deviations from the original image, colors or materials.

Building Façade. That portion of any exterior elevation on the building extending from grade to top of the parapet, wall or eaves and the entire width of the building elevation.

• Changing Image Mural. A mural that, through the use of moving structural elements, flashing or sequential lights, lighting elements, or other automated method, results in movement, the appearance of movement or a change of mural image or message. “Changing Image Murals” do not include otherwise static murals where illumination is turned off and back on not more than once every 24 hours.

Character-Defining Feature. A prominent or distinctive physical feature of a structure that contributes significantly to its historic character.

Commission. The Cultural Arts Commission.

Historical Structure. A locally designated historic landmark structure or structure located within the boundaries of a locally designated historic district; or single landmark building or building located within a district listed on the National Register of Historic Places.

Nonconforming Mural. A mural in existence before January 4, 2014.

Original Artwork Mural. A painting that is applied to and made an integral part of an exterior wall, or a tiled artwork applied on an exterior building wall, with the property owner’s permission or consent. For all future references to Original Artwork Mural(s) in this Section, the term “mural(s)” is used. An “Original Artwork Mural” does not include:

• a. Mechanically produced or computer-generated prints or images, including but not limited to digitally printed vinyl;

• b. Murals containing electrical or mechanical components; or

• c. Changing Image Murals, as defined above.

1320.E. Development Standards

Original Artwork Murals must comply with all of the following:

1. The mural must remain in place without alterations for a minimum of five years from the date the mural is completed. The Applicant must certify in the permit application that the Applicant agrees to maintain the mural in place for a minimum period of five years without Alterations.

2. The mural must not extend more than six inches from the plane of the wall to which it is attached.

3. The mural must not be applied to the principal building façade facing a public street. The principal building façade, in most cases, is distinguished from secondary building façades by its enhanced architectural treatment.

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Prohibited Murals

1320.F. Prohibited Murals

The following are prohibited in the City:

1. A mural that is placed on single-family residences or multiple-family residential buildings with fewer than five dwelling units.

2. A mural that is placed on historical structures, unless approved by a Major Certificate of Appropriateness (MCOA). The MCOA must be approved by the City’s Historic Preservation Commission before approval of the Original Artwork Mural Permit by the Cultural Arts Commission. The Historic Preservation Commission will review the mural for consistency with the following:

   • a. The mural will not obscure or cover character-defining features of the historical structure.

   • b. The mural will not be painted over an existing historical mural.

• c. The application or installation of a mural will be done so that is does not result in any permanent physical damage to any historic material on the structure.

  • d. The application or installation of a mural will be done so that it does not result in any permanent physical damage to any historic material on the structure.

3. A mural for which compensation is given or received for the display of the mural or for the right to place the mural on another’s property. The Applicant must certify in the permit application that no compensation will be given or received for the display of the mural or the right to place the mural on the property.

4. A mural that contains obscene matters, as defined in Section 311 of the California Penal Code , or images that would incite immediate violence, so as to constitute “fighting words.”

1320.G. Guidelines for Original Artwork Murals

Original Artwork Murals must comply with all of the following:

1. The Original Artwork Mural must demonstrate the highest aesthetic qualities, originality and artistic excellence.

2. The Original Artwork Mural is appropriate in scale, material, form, content and value with the immediate social and physical environment.

3. The mural must be durable, permanent, and easily protected from vandalism and weathering. Substantial consideration must be given to the structural and surface integrity and stability of the building facade, the permanence and durability of the mural, and the mural’s resistance against weathering, theft, and vandalism.

4. The mural must not have any unsafe features or conditions that may affect public safety; and

5. The mural must not disrupt traffic, nor create any unsafe conditions or distractions to motorists and pedestrians.

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Application Procedure

1320.H. Application Requirements

An application for a mural permit must be filed with the Planning Division and must include the following:

1. Name of the artist(s);

2. Examples of previous work done by the artist(s) with references;

3. Description of the materials to comprise the proposed mural and manner of application;

4. Statement regarding durability of the materials considering the location and positioning of the proposed mural;

5. Plans and specifications for the proposed mural including an exact picture, graphic or other description;

6. Application fee as established by resolution of the City Council.

1320.I. Application Procedure

1. Staff Review

The application for an Original Artwork Mural permit must be submitted to the City’s Planning Division for preliminary review by Planning staff. Planning staff will make a determination on completeness of the application within 30 days of its submittal to the Planning Division.

2. Advisory Committee Review

Within 30 days of the determination that the application is complete by the Planning Division, the application will be considered by the Advisory Committee of the Commission, as described in - Sec. 1310. Public Art Requirement (Formerly .5809 24) . The Advisory Committee will review the application and make a recommendation to the Commission on whether to approve the application. The Committee will recommend approval of the application if all of the following findings are made:

• a. The mural meets all of the Development Standards listed in Sec. 1310.E. [Reserved] and is consistent with all of the Guidelines listed in Sec. 1320.G. Guidelines for Original Artwork Murals .

• b. The artist, or artist team, is capable of completing the work in accordance with the plans and specifications.

• c. The information contained in the application regarding the durability and maintenance requirements of the mural is accurate.

• d. The proposed materials to be used and the manner of application will not require excessive maintenance and repair costs by the owner.

3. Commission Review

Within 45 days of the submittal of the Advisory Committee’s recommendation, the Commission will review the application at a public hearing. The scheduling of the public hearing for consideration of the application may be more than 45 days after the submittal of the Advisory Committee’s recommendation with the Applicant’s approval. Notice of the public hearing will be mailed to all

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Permit Expiration and Extensions

property owners and occupants of property immediately adjacent to and directly across the street from the property where the mural is to be placed. The notice of public hearing will be mailed not less than ten days before the date of the public hearing. The Commission will consider the application, and may either approve, approve with changes or deny the application, based on the findings set forth in Sec. 1330.I.2. Advisory Committee Review . The Commission will approve the application if all of the findings listed in Sec. 1330.I.2. Advisory Committee Review are made. The decision to approve or deny the permit will be made and announced at the public hearing. In

making its decision, the Commission may consider evidence of property values and the opinions of the owners and occupants of adjacent properties. Within 15 days of the approval of the Commission, the Planning Manager will issue the mural permit.

4. Appeal

The Applicant may file a written request for an appeal to the City Council within 20 days of the decision of the Commission. The City Council will only review applications that have been denied by the Commission. The City Clerk will set the public hearing date and notify the Applicant. The City Council will receive the original application, written reports and the appeal request. The City Council may affirm, reverse or modify in whole or in part any Commission decision or requirement. The City Council will reverse the Commission’s decision, and approve the original application, if all of the findings listed in Sec. 1330.I.2. Advisory Committee Review are made. The decision by the City Council will be final.

1320.J. Permit Expiration and Extensions

1. Except as provided in Sec. 1330.J.2. , below, if installation of the permitted Original Artwork Mural has not taken place within 12 months of the date of issuance of the mural permit, the permit is void and further work on the mural must not be done at the site until a new permit has be approved and new fee paid.

2. An approved mural permit may be extended by the Planning Manager for an additional period of no more than 12 months upon the Planning Manager’s finding that the Applicant was unable to begin or continue the installation of the approved mural for reasons beyond their control. A request for permit extension must be in writing and must be received by the Planning Manager before the original permit’s expiration date. If the approved mural has not been completed within this extended time period, the permit is void. A permit may be extended only once.

1320.K. Maintenance

1. The property owner is responsible for ensuring that a permitted Original Artwork Mural is maintained in good condition and fully repaired in the case of vandalism or accidental destruction.

2. Failure to maintain the Original Artwork Mural as provided herein is declared to be a public nuisance, and may be summarily abated or repaired by the City. The City may pursue additional remedies to obtain compliance with the provisions of this Section as appropriate.

3. In addition to other remedies provided by law, in the event the property owner fails to maintain the mural, upon reasonable notice, the City may perform all necessary repairs or maintenance to the mural or secure insurance, and all costs incurred by the City will become a lien against the property.

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Nonconforming Murals

1320.L. Mural Alterations

Alterations to an Original Artwork Mural within five years from the date of completion must only occur pursuant to a new mural permit, approved and issued by the procedures described in Sec. 1320.I. Application Procedure . A new mural permit for Alterations will only be issued under the following circumstances:

1. The building on which the mural is located is sold, or

2. The building or property is substantially remodeled or altered in a way that precludes continuance of the mural.

1320.M. Removal of a Permitted Mural

1. Removal of an Original Artwork Mural within the first five years of the date of completion will only be approved under the following circumstances:

   • a. The building on which the mural is located is sold; or

   • b. The building or property is substantially remodeled or altered in a way that precludes continuance of the mural.

2. The removal of the mural will be in accordance with all federal and state laws and regulations pertaining to artists’ rights.

3. Removal of the permitted mural for reasons other than the circumstances described above preclude approval of a new mural permit at the site for a five-year period after the date of the original mural permit completion.

4. Before removal of the mural, the Applicant or property owner must notify the Planning Division Manager with a letter stating intent to remove the mural and an explanation of the circumstances necessitating the removal. At that same time, the Applicant must also provide proof to the Planning Manager that the Applicant has notified the artist or artists who created the mural of the Applicant’s intent to remove the mural.

5. Within 45 days of the Applicant’s or property owner’s notification, the Planning Manager will approve the request, provided it meets at least one of the circumstances described under Sec. 1330.M.1. , and that the Applicant has shown sufficient proof of notification of the artist or artists who created the mural of the Applicant’s intent to remove the mural.

6. After the term of five years from the date of completion, an Original Artwork Mural may be removed without notification. Any associated materials that were used to secure the mural to the wall, including, but not limited to, mounting hardware, brackets, caulk, grout, adhesives or glues, must be removed at the time of removal of the mural, and the building wall surface must be fully restored to its original, pre-mural condition.

1320.N. Nonconforming Murals

1. A mural permit may be issued for a Nonconforming Mural, provided the Nonconforming Mural is otherwise in compliance with this Section.

2. Unless a mural permit has been issued to a Nonconforming Mural, the Nonconforming Mural existing before January 4, 2014 must be removed within six months of the date of notification by

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Nonconforming Murals

the City pursuant to Sec. 1320.N. Nonconforming Murals that the mural is not in conformance with this Section. Additional time may be granted by the Commission.

3. The expansion of a Nonconforming Mural is prohibited.

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