Part 8

HISTORIC AND OTHER SUPPLEMENTAL PROVISIONS

Sec. 800. Historic Preservation ...................................................................................................8-2 800.A. Purpose and Intent. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8-2 800.B. Applicability. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8-2 800.C. Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8-2 800.D. Established Historic Districts and Landmarks . . . . . . . . . . . . . . . . . . . . . . . . 8-29 800.E. Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8-30 Sec. 810. Specific Plans .............................................................................................................. 8-34 810.A. General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8-34 810.B. Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8-35 810.C. Procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8-35 Sec. 820. Overlay Districts ......................................................................................................... 8-36 820.A. General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8-36 820.B. Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8-38 820.C. Procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8-41 Sec. 830. Special Provisions ...................................................................................................... 8-42 830.A. Accessory Dwelling Units . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8-42 830.B. SB 330 Overlay District . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8-53 830.C. AB 2097 Overlay District . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8-55

Pomona, California | Zoning & Development Code

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Part 8 | Historic Preservation, Specific Plans, & Overlay Districts

Purpose and Intent

Sec. 800. Historic Preservation

800.a. Purpose and Intent

The purpose of this section is to preserve the city of Pomona's cultural, historical, and architectural heritage and resources as living parts of community life, which will benefit and enrich the lives of its present and future residents. To these ends, this section is intended to accomplish the following:

1. Preserve the diverse architectural styles reflecting phases of the city of Pomona's history and encourage complementary contemporary development to inspire a more livable urban environment;

2. Build civic pride by promoting the understanding, appreciation, and enjoyment of the city's rich heritage and cultural resources;

3. Enhance property values and increase economic and financial benefits to the city;

4. Enhance the city of Pomona for residents, tourists and visitors thereby stimulating business and industry; and

5. Conserve valuable material and energy resources by fostering ongoing use and maintenance of the existing built environment.

800.B. Applicability

This Section applies to all designated local historic landmarks, designated local historic districts, and properties listed on the National Register of Historic Places and the California Register of Historic Resources.

800.C. Standards

1. Determination of Historic Eligibility

Any request for a determination of Historic Eligibility must follow the requirements of Sec. 1190.B. Designation of Local Historic Landmarks, Districts and Points of Historical Interest .

2. Designations

The City may develop, from time to time, historic context(s) and historic resource survey(s). Historic contexts and historical resource surveys can serve many purposes, including providing the basis to identify and evaluate properties that have the potential to be considered Eligible Historical Resources.

a. Historic Landmark Designation Criteria

Any Eligible Historical Resource may be designated an Historic Landmark by the City Council pursuant to Sec. 800. Historic Preservation. if it meets the criteria for listing in the National Register of Historic Places, the California Register of Historical Resources, or it meets one of the following:

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1. Architecture / Physical Features

• i. It embodies distinctive characteristics of a style, type, period, or method of construction, or is a valuable example of the use of indigenous materials or craftsmanship (Criterion 3 in previous ordinance) ;

• ii. It is the work of a notable builder, designer, landscape designer or architect (Criterion 5 in previous ordinance) ;

• iii. It embodies elements of architectural design, detail, materials, or craftsmanship that represent a significant structural or architectural achievement or innovation (Criterion 7 in previous ordinance) ;

• iv. It is similar to other distinctive properties, sites, areas, or objects based on an historic, cultural, or architectural motif (Criterion 8 in previous ordinance) ;

• v. It has a unique location or singular physical characteristics or is a view or vista representing an established and familiar visual feature of a neighborhood, community, or the city of Pomona (Criterion 6 in previous ordinance) ;

• vi. It reflects significant geographical patterns, including those associated with different eras of settlement and growth, particular transportation modes, or distinctive examples of park or community planning (Criterion 9 in previous ordinance) ;

• vii. It is one of the few remaining examples in the city of Pomona, region, state, or nation possessing distinguishing characteristics of an architectural or historical type or specimen (Criterion 10 in previous ordinance) .

2. Person(s) and Events Important in Our History

• i. It is identified with persons or events significant in local, state, or national history (Criterion 2 in previous ordinance);

• ii. It exemplifies or reflects special elements of the city of Pomona's cultural, social, economic, political, aesthetic, engineering, architectural, or natural history (Criterion 1 in previous ordinance);

3. Archaeology

Has yielded, or has the potential to yield, information important to the prehistory or history of the local area, California or the nation.

b. Historic District Designation Criteria

Any Eligible Historic District may be designated as an Historic District by the City Council pursuant to Sec. 800. Historic Preservation if the neighborhood meets the criteria for listing in the National Register of Historic Places, the California Register of Historical Resources, or the neighborhood meets the following:

1. It is a contiguous area possessing a concentration of eligible historic resources or thematically related grouping of structures which contribute to each other and are unified by plan, style, or physical development; and (b) embodies the distinctive characteristics of a type, period, region, or method of construction; represents the work of a master; or possesses high artistic values (Criterion 4 in previous ordinance) ;

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2. It reflects significant geographical patterns, including those associated with different eras of settlement and growth, particular transportation modes, or distinctive examples of a park landscape, site design, or community planning (Criterion 9 in previous ordinance) ; and

3. Meets at least one of the following:

i. Architecture / Physical Features

• a) It embodies distinctive characteristics of a style, type, period, or method of construction, or is a valuable example of the use of indigenous materials or craftsmanship (Criterion 3 in previous ordinance) ;

• b) It is the work of a notable builder, designer, landscape designer or architect (Criterion 5 in previous ordinance) ;

• c) It embodies elements of architectural design, detail, materials, or craftsmanship that represent a significant structural or architectural achievement or innovation (Criterion 7 in previous ordinance) ;

• d) It is similar to other distinctive properties, sites, areas, or objects based on an historic, cultural, or architectural motif (Criterion 8 in previous ordinance) ;

ii. Person(s) and Events Important in Our History

• a) It is identified with persons or events significant in local, state, or national history (Criterion 2 in previous ordinance) ;

• b) It exemplifies or reflects special elements of the city of Pomona's cultural, social, economic, political, aesthetic, engineering, architectural, or natural history (Criterion 1 in previous ordinance) ;

c. Considerations in Evaluating Properties (Integrity)

In addition to having significance, a resource must have integrity for the time period in which it is significant. The period of significance is the date or span of time within which significant events transpired, or significant individuals made their important contributions. Integrity is the authenticity of a Historical Resource's physical identity as evidenced by the survival of characteristics or historic fabric that existed during the resource's period of significance. Only after significance has been established, should the issue of integrity be addressed. The following should be considered when evaluating properties for integrity:

1. Design

Any alterations to the property should not have adversely affected the character-defining features of the property. Alterations to a resource or changes in its use over time may have historical, cultural, or architectural significance.

2. Setting

Changes in the immediate surroundings of the property (buildings, land use, topography, etc.) should not have adversely affected the character of the property.

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3. Materials and Workmanship

Any original materials should be retained, or if they have been removed or altered, the replacements have been made that are compatible with the original materials.

4. Location

The relationship is between the property and its location is an important part of integrity. The place where the property was built and where historic events occurred is often important to understanding why the property was created or why something happened. The location of a historic property, complemented by its setting, is particularly important in recapturing the sense of historic events and persons. Except in a few cases, the relationship between a structure and its historic associations is destroyed if the structure is moved.

5. Feeling

Feeling is a property's expression of the aesthetic or historic sense of a particular period of time. It results from the presence of physical features that, taken together, convey the property's historic character.

6. Association

Association is the direct link between an important historic event or person and a historic property. A property retains association if it is the place where the event or activity occurred and is sufficiently intact to convey that relationship to an observer. Like feeling, association requires the presence of physical features that convey a property's historic character. For example, a Revolutionary War battlefield the natural and manmade elements of which have remained intact since the 18th century retains its quality of association with the battle.

7. Because feeling and association are subjective criteria, their retention alone is never sufficient to support eligibility. Historical Resources must retain enough of their historic character or appearance to be recognizable as Historical Resources and to convey the reasons for their significance.

d. Designation Procedures

The designation of a local historic landmark or district must follow the designation procedures in Sec. 1190.B. Designation of Local Historic Landmarks, Districts and Points of Historical Interest .

3. Removal from Pomona Register of Historic Places

The Historic Preservation Commission must not recommend that a resource be removed from the Local Register unless it is discovered that the information relied on by the Historic Preservation Commission and the City Council in making the original designation was erroneous or false, or that circumstances wholly beyond the owner’s control have rendered the resources ineligible for designation based on the criteria listed in Sec. 1190. Historic Preservation Review. and it would be infeasible to restore the resource. A resource cannot be removed from the Local Register merely because the value of the resource has been degraded by neglect.

4. Non-Contributing Resource Status Change

• a. The City Council may change a non-contributing resource’s designation status under the following circumstances:

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1. A non-contributing resource has been restored so that it would be considered contributing to an historic district the City Council may; or

2. A non-contributing resource that will be restored through a Mills Act contract.

• b. The process for changing the status of a non-contributing resource must be the same as the designation process.

5. Points of Historical Interest

The Point of Historical Interest program is a program designed to recognize those locations where significant historical resources once existed, but either no longer exist or have been so heavily altered that they are no longer eligible for designation.

• a. Any property may be designated by City Council as a Point of Historical Interest pursuant to Sec. 800. Historic Preservation. if the property meets the following:

  1. The location was associated with significant events, the lives of significant people, or businesses, or an architecturally significant building;

  2. The location no longer has any architectural or historical integrity; and

3. The location is not eligible for Designation.

• b. Points of Historical Interest are recognized, but not designated historic. They are not considered historic and they do not qualify as an eligible historic resource.

• c. The purpose of the Points of Historical Interest program is to recognize otherwise-intangible historic facts about a place in the City. Points of Historical Interest are strictly informational in nature.

• d. Relationship with other laws. Points of Historical Interest are not historic under the California Environmental Quality Act ("CEQA") (Public Resources Code section 21000 et seq.) or the State CEQA Guidelines (14 Cal. Code Regs. Section 15000 et seq.), the National Environmental Protection Act , or any other environmental law, statute, or regulation.

6. Historic Compliance

When alterations, restorations, rehabilitations, remodeling and additions to Historical Resources are accomplished in substantial accord with the Guidelines set forth in this section, as determined by the Director, a Certificate of Appropriateness from the Historic Preservation Commission is not required prior to issuance of a building permit in the following cases:

a. Minor Work

The Director may deem that certain work to Historical Resources are “minor”. “Minor” work is intended for those projects that do not change the design, character-defining features, or materials of the resource. This may include, but is not limited to, like-for-like re-roofs, foundation repairs / seismic retrofit, chimney repairs, solar panel installation, construction, demolition or alteration of fences not visible from the public right-of-way, replacement, or addition of mechanical, electrical, or plumbing equipment; and wall or monument signs, provided that no change in appearance occurs or the proposed change restores period feature(s)

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b. Appeals

Minor work is ministerial in nature and there is no appeal of staff’s determination.

7. Certificate of Appropriateness

A Certificate of Appropriateness process is established to ensure that any alteration to an Historical Resource is in keeping with the historic character of the resource.

a. General Requirements

1. Minor Certificates of Appropriateness (Alterations)

Projects that alter, or have the potential to alter character-defining features and/or the historic character of historic resources require approval of the Planning Division. Review of these projects is to determine if a proposed project meets the applicable design standards and guidelines, as adopted by the Historic Preservation Commission. Projects that do not meet the applicable design standards and guidelines require a Major Certificate of Appropriateness. Additions to historic resources, construction of accessory structures, and infill development, are not considered alterations and require a Major Certificate of Appropriateness.

2. Major Certificates of Appropriateness

Projects that alter, or have the potential to alter character-defining features and/or the historic character of historic resources and fit into one of the categories below require approval of the Historic Preservation Commission. Projects requiring approval of the Historic Preservation Commission include, but are not limited to, the following:

• i. Alterations that do not meet applicable design standards and guidelines

• ii. Additions to historic resources

• iii. Construction of accessory structures, and

• iv. New Construction / infill development.

• v. Development projects that may impact archaeological resources.

3. No permit must be issued for work on a Historical Resource until a Certificate of Appropriateness or Certificate of Historic Compliance has been issued in accordance with this section.

4. Once a Certificate of Appropriateness has been issued, the Director, may inspect the work to ensure that the work complies with the approved Certificate of Appropriateness.

b. Procedures

Applications for a Certificate of Appropriateness must be processed in accordance with the procedures listed in Sec. 1190.D. Certifcates of Appropriateness of this code.

c. Secretary of the Interior’s Standards for the Treatment of Historic Properties

Any proposed work on an Historical Resource should follow the intent of the Secretary of the Interior’s Standards for the Treatment of Historic Properties with Guidelines for Preserving,

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Rehabilitating, Restoring and Reconstructing Historic Buildings. These standards were developed by the federal government to set up very broad, general philosophical principles regarding work done to historic properties. Any proposed work should follow these general principles along with any standards and guidelines adopted by the Historic Preservation Commission.

d. Environmental Review

The City of Pomona must conduct an environmental review of all Certificates of Appropriateness pursuant to CEQA (PRC Section 21000 through Section 21178) and the CEQA Guidelines (CCR Section 15000 through Section 15387) . Any required Negative Declaration, Mitigated Negative Declaration (MND), or Environmental Impact Report (EIR), must be adopted by the Historic Preservation Commission before approving the project.

e. Infill Development

1. New structures constructed within a Historic District must be designed to be compatible with the architectural style, features and historic character of the district.

2. New buildings must be compatible with the original style of the contributing buildings within an Historic District. The design of the new building must incorporate the following considerations:

   • i. The design must incorporate the design features and details of contributing structures.

   • ii. The height, width, and length of the new building must be consistent with the original characteristic of the contributing structures.

• iii. The exterior materials and treatment must be similar to the contributing structures.

f. Hardship

The Historic Preservation Commission may, in cases of hardship, defer requirements and/or Conditions of Approval in order to remedy a hardship on a property owner.

1. In order to be eligible for hardship, the following conditions must exist:

   • i. The property must be a single-family, owner occupied, and non-income producing property.

   • ii. The work proposed is required to be completed in order to comply with codes, and/or to meet life/safety requirements of the Building Code(s).

   • iii. The conditions that exist and require the proposed work were created through no fault of the property owner.

2. In making a determination for hardship, the Historic Preservation Commission must take into account whether all means involving City-sponsored incentives, such a transfer of development rights, tax abatements, financial assistance, building code modifications, changes in the zoning ordinance, loans, grants, and reimbursements, have been explored to relieve the asserted economic hardship.

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8. Certificate of Economic Hardship

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

a. Procedures

Applications for a Certificate of Appropriateness must be processed in accordance with the procedures listed in Sec. 1190.E. Certifcate of Economic Hardship .

b. Approval

1. Upon approval, copies of the Economic Hardship Exception must be forwarded to the applicant, the Building Official, the Director, and any other department or agency that requests one.

2. Decisions of the Historic Preservation Commission regarding a Certificate of Economic Hardship are subject to appeal in accordance with Sec. 1190.E. Certifcate of Economic Hardship and must become effective until the time to appeal its approval has expired.

9. Demolition Review of Structures 50+ Years Old

The Historic Preservation Commission must review any property 50 years old, as of the date of the demolition permit application or older to determine the eligibility for historic designation prior to the issuance of a demolition permit. This a 2-step process:

a. Step 1: Determination of Historic Eligibility

Any property 50 years old or older proposed for Deconstruction must be evaluated to determine if the property is eligible for historic designation as required in Sec. 1190.F. Certifcate of Deconstruction . Properties determined eligible will proceed to step two (2) below. For properties determined not eligible for historic designation, they are no longer in the purview of the Historic Preservation Commission. Any determination by the Historic Preservation Commission is subject to appeal per Sec. 1190. Historic Preservation Review .

tion as required in Sec. 1190.F. Certifcate of Deconstruction . Properties determined eligible will proceed to step two (2) below. For properties determined not eligible for historic designation, they are no longer in the purview of the Historic Preservation Commission. Any determination by the Historic Preservation Commission is subject to appeal per Sec. 1190. Historic Preservation Review .

b. Step 2: Certificate of Deconstruction

Any property determined by the Historic Preservation Commission to be eligible for historic designation must follow the Certificate of Deconstruction requirements in Sec. 1190.F. Certifcate of Deconstruction .

10. Certificate of Deconstruction

A Certificate of Deconstruction process is established for deconstructions to ensure that any deconstruction of an eligible or designated Historic Resource complies with the requirements of this chapter to mitigate the impacts of deconstruction.

a. General Requirements

1. A Certificate of Deconstruction is required for any demolition, in whole or in part, of an Historic Resource.

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2. No permit must be issued for demolition of an Historic Resource until a Certificate of Deconstruction has been issued in accordance with the provisions of this section.

b. Procedures

Applications for a Certificate of Deconstruction must be processed in accordance with the procedures listed in Sec. 1190.F. Certifcate of Deconstruction of this Code.

c. Environmental Review

The deconstruction of an Historic Resource is an adverse impact under CEQA and a Draft Environmental Impact Report (EIR) is required prior to a project being deemed complete. As part of that review, any mitigation fee required under Sec. 1190.F. Certifcate of Deconstruction will be included the Draft EIR as a mitigation measure.

11. Demolition Mitigation Fee

a. Purpose

The City has declared that vacant, abandoned and distressed properties, especially when the owner of the property fails to maintain the property, is a major cause and source of blight in the City. In addition, the owners of historic properties have a duty to keep their properties in good repair. The purpose of this Section is to establish the Demolition Impact Fee whereby the impacts resulting from the demolition (either in part or whole) of historic resources and buildings 50 years old or older; that may be lessened by the collection of fees that will provide a source of funds for the conservation, preservation, restoration, and rehabilitation of historic resources within the City.

b. Applicability

1. A mitigation fee, in an amount established by this Section, must be paid prior to the issuance of any permit for demolition, whether in whole or in part, of any historic resource, including accessory buildings and structures that do not contain living space, such as garages and workshops, which contribute to the historic significance of a property; or any building 50 years old or older. The mitigation fee must be deposited in the Historic Preservation Trust Fund established pursuant to Sec. 800.B.13 Historic Preservation Trust Fund .

2. The City Council may reduce the amount of mitigation fee to be paid if it can be clearly established that the amount of fee to be paid would amount to a regulatory taking of property.

3. Additions and accessory buildings and structures determined not to be contributing to the significance of the property must not be assessed a mitigation fee.

c. Mitigation Fee Formula

1. The Mitigation Fee must be calculated as follows: Square footage x Building Valuation x Historic Significance Percentage

   • i. The square footage is based on County Assessor information or building permit information. If there is a discrepancy between the County Assessor and building permit information, the Director must determine which data to use.

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• ii. The building valuation is based on the most current International Code Council (ICC) Building Valuation Data (current valuation at time of application) for the applicable type of construction for the building.

• iii. The historic significance percentage based on the percentages identified in subparagraph F below and on the Grading System established in Sec. 820. Overlay Districts .

d. Process

The Mitigation Fee must be included as part of the EIR process, as required by CEQA. This process will determine potential adverse impacts to historic resources and provide mitigation measures.

e. Historic Significance Percentage

The Historic Significance Percentage for each grade must be as follows:

1. Grade I: 30 percent

2. Grade II: 20 percent

3. Grade III: 10 percent

4. Grade IV: 5 percent

12. Deconstruction Grading System

The Historic Preservation Commission must be responsible for the adoption of the Historic Resource Grade List, which must be maintained by the Director. A historic resource may be designated “Grade I, Grade II, Grade III, or Grade IV”, as defined in subparagraph A below by the Historic Preservation Commission based on the criteria listed below to establish a ranking of historic resources within the City, based upon the determined significance of each resource, as specified below. For the purpose of this Section, upon determining the appropriate Grade for a historic district, the Historic Preservation Commission may rank all contributing structures within that district into the same Grade designation. Grade I, II and III historic resources must be judged based upon their determined degree of significance, pursuant to the criteria contained in Sec. 820. Overlay Districts .

a. Preservation Categories

1. Grade I

Grade I resources consists of historic resources that should not be demolished or significantly altered under any circumstances, regardless of their designation status. Resources within this grade are determined to be the City’s most significant historical or cultural resources. Grade I resources must meet one or more of the following:

• i. A resource listed on the Pomona Register that meets at least one of the criteria within the Architecture category, and 3 criteria within the History category; or

• ii. A contributing resource within a district that meets at least one of the criteria within the Architecture Category and 3 criteria within the History Category.

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2. Grade II

Grade II consists of historic resources wherein demolition of these properties should be avoided. Grade II resources must meet one or more of the following:

• i. Any historic resource listed or determined eligible for listing in the National Register of Historic Places;

• ii. Any historic resource listed or determined eligible for listing in the California Register of Historic Resources;

• iii. A historic resource listed on the Pomona Register and meets at least 2 criteria within the Architecture or History categories; or

• iv. A contributing resource within an eligible historic district wherein the district meets at least 2 of the criteria in either the Architecture or History categories.

3. Grade III

Grade III consists of historic resources that are Designated Local Historic Landmarks, are contributing properties within Designated Local Historic Districts, or are eligible historic resources. Demolition of these resources should be avoided where possible but may be appropriate under certain circumstances.

4. Grade IV

Grade IV consists of properties over 50 years old that are not determined to be historic.

b. Grade Criteria

The following listing contains criteria to be used in determining the Tier designation of a historic resource:

1. Landmark Architecture Criteria

• i. The resource is prototypical, or one of the finest examples, of a period, style, architectural movement, or construction in the City of a particular style of architecture, building type, or historical or archaeological object. Only preeminent examples should be considered. Good representative examples of a style, period or method of construction are not appropriate; or

• ii. The resource is the first, last, only, or one of the finest examples, notable works, or the best surviving work by an architect or designer of major importance to the City, State or Nation.

2. District Architecture Criteria

• i. The district contains resources that are a prototype of, or one of the finest examples of, or the first, last, only, or few remaining groupings of a period, style, architectural movement, or construction in the City of a particular style of architecture, building type, or historical or archeological object. Only preeminent examples should be considered. Good representative examples of a style, period or method of construction are not appropriate; or

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• ii. The district contains resources that are the first, last, only, or the finest examples, notable works, or the best surviving work by an architect or designer of major importance to the City, State or Nation.

3. Landmark and District History Criteria

• i. The resource is the location of a historic event(s) that has significantly contributed to the history of the City, State, or Nation;

• ii. The resource is associated with a business, company, or individual that has made a significant cultural, social, or scientific contribution to the City, State, or Nation;

• iii. The resource is identified with a person(s) who has exerted a major influence on the heritage or history of the City, State, or Nation;

• iv. The resource has a direct relationship to one of the principal historic contexts in the City’s history; or

• v. The resource is related to the archaeological past of the region.

13. Historic Preservation Trust Fund

a. Purpose

The purpose of the Historic Preservation Trust Fund is to provide funding, under direction of the City Council, for the conservation, preservation, restoration, and rehabilitation of historic resources within the City.

b. Applicability

The Historic Preservation Trust Fund is hereby established as means to receive, recycle, and replenish monies to assist the funding of historic preservation projects within the City. All funds deposited in the Historic Preservation Trust Fund must be used solely for the conservation, preservation, restoration, and rehabilitation of historic resources, as provided in this Section.

c. Trust Fund Administration

1. The City Council must have authority for establishing policy for Historic Preservation Trust Fund expenditures.

2. The Historic Preservation Commission must have authority to make recommendations to the City Council regarding grant and loan applications, acquisition of property, contracts and lease agreements, and any other action or activity necessary or appropriate to implement its powers or duties to fulfill the objectives of the Historic Preservation Trust Fund.

3. The City Manager, or designee of the City Manager, must serve as financial administrator of the Historic Preservation Trust Fund and must be responsible for management of its finances, which must be carried-out pursuant to all applicable federal, State and local laws.

4. The Director, or his/her designee, must serve as program administrator of the Historic Preservation Trust Fund and must be responsible for its day-to-day management and operations.

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d. Historic Preservation Trust Fund Proceeds

1. Deposits

All funds received by the City for historic preservation purposes must be deposited in the Historic Preservation Trust Fund. The City’s Finance Department may establish separate accounts within the Trust Fund for the purpose of separating deposits according to their origin or intended purpose.

2. Grants, Gifts, and Donations

In addition to any public funds appropriated expressly for the purpose of this Subsection, the program administrator may apply for grants, gifts, donations, subventions, rents, royalties, and other financial support, or real or personal property, from private sources, pursuant to City policies. All money received from private sources must be deposited in a separate account established pursuant to Sec. 800.C.13.d.1 Deposits , above, and must be appropriated to the program administrator for expenditures for historic preservation projects pursuant to this Section.

3. Deposit of Proceeds from Any Lease, Rental, Sale, Exchange, or Transfer of Real Property

All proceeds from any lease, rental, sale, exchange, or transfer of real property, or any interest therein or option thereon, must be deposited in the Historic Preservation Trust Fund, together with any other reimbursements, repayments, and income received by the program administrator.

e. Historic Preservation Trust Fund Program Activities

1. Properties

i. Acquisition

Pursuant to State Property Acquisition Law (GC Section 15850 et seq.) , the City may acquire, fee title, or any lesser interest, in any real property whose preservation is required to meet the policies and objectives of the City’s historic preservation program. The City may accept gifts or dedications of real property and may enter into an option to purchase real property in order to meet the purposes of this provision.

ii. Agreements for Preservation and Management

In order to carry out historic preservation projects, the financial administrator may initiate, negotiate, and participate in agreements with public agencies, nonprofit organizations, private entities, or individuals for the preservation and management of historic resources under their control, and enter into any other agreements authorized by state law, as approved by the City Council.

iii. Real Property Transactions; Authorization

Notwithstanding any other provision of federal, State or local law, the financial administrator may lease, rent, sell, exchange, or otherwise transfer any real property acquired under this section, or interest therein or option to purchase, provided that the City Council first determines that the action is in the best interests of the City.

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iv. Acquisition, Conservation, Return, and Transfer of Title

• a) The City Council may acquire any interest in real property pursuant to Sec. 800.C.13.e.1 Properties , with historic (including archaeological) significance, or necessary for the preservation or management of a property, in order to prevent the loss of historic integrity, prevent imminent destruction, or to otherwise secure the preservation of the historical resource.

• b) The program administrator may undertake conservation or preservation activities for historic resources acquired Pursuant to this Section.

• c) The program administrator must encourage, to the greatest extent feasible, the acquisition of historic resources by other qualified purchasers.

• d) The City Council must take all feasible action to return or transfer title to historic resources, to a nonprofit organization, another public agency, private entity, or individual, for all properties acquired for historic resource preservation pursuant to this Section.

2. Loans and Grants

Money in the Historic Preservation Trust Fund must be available, upon recommendation of the Historic Preservation Commission and appropriation by the City Council, for all loans and grants to public agencies, nonprofit organizations and private entities, to carry out the purposes of this Section.

i. Qualifying Properties

The City Council may award a grant or loan for properties that are designated a local historic landmark or a contributing structure in a designated local historic district, or are listed on the California Register of Historic Resources or the National Register of Historic Places, excepting those projects that are “interpretative,” as described in Sec. 800.C.13.e.3.iii Interpretative Projects .

ii. Agreements

No loan or grant must be made except pursuant to an agreement with the City, and subject to terms and conditions approved by the City Council, upon recommendation of the Historic Preservation Commission, which must ensure that each requested loan or grant carries out the purposes of this Section.

iii. Authorization to Contract and Issue Grants or Loans

The financial administrator may, upon City Council approval, enter into contracts and make grants or loans with public agencies, nonprofit organizations, or private entities, to further the purposes of City’s historic preservation program, and to carry out activities for this purpose.

iv. Matching Funds

All grants and loans should include a cash match for the historic preservation project. Guidelines for determining the amount of required matching funds, if any, must be adopted by resolution of the City Council. Donated materials and services, staff salaries

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and organizational overhead costs may be eligible sources of match. The City Council may waive the matching funds requirement.

v. Excess Funds

After completion of a historic preservation project, a grant or loan recipient must return to the Historic Preservation Trust Fund, the amount of the grant or loan that exceeds the eligible project’s costs.

3. Qualifying Projects for Competitive Grants and Loans

Competitive Grants and loans are hereby established for the following project types:

i. Construction Projects

Construction projects include the preservation, restoration, exterior rehabilitation, or rehabilitation of the foundation, structural, electrical, or plumbing systems of a historic resource. Qualifying construction projects do not include new additions, routine maintenance such as simple, small-scale activities requiring only minimal skills or training associated with regular (daily, weekly, monthly, etc.) and general upkeep of a property against normal wear and tear), reconstruction, demolition, or relocation.

ii. Planning Projects

Planning projects identify, document, and record historic resources according to applicable local, state, and federal standards, and/or contribute to the development of the City’s historic context, and/or contribute to the development of a Historic Structures Report, Building Conditions Assessment, conservation plan or preservation plan.

iii. Interpretative Projects

Interpretative projects consist of the creation of interpretative media to educate the public on the City’s history and/or historic resources.

4. Project Selection Criteria

The award of a grant or loan for a historic preservation project must be based upon consideration of the following criteria:

• i. Level of historic significance of the resource, based upon the Grade;

• ii. Level of urgency for the project to avoid the loss of a historic resource;

• iii. Value of improvement to ensure preservation of the historic resource;

• iv. Overall benefit to the community through the public’s ability to observe and experience the historic resource;

• v. Ability to match funds, if required; and

• vi. Level of professional qualifications for administrating project to demonstrate the ability to successfully complete the project.

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5. Qualifying Projects for Emergency Non-Competitive Grants and Loans

In the event that a historic resource is in need of immediate and unanticipated work to prevent its demolition resulting from an unforeseen disaster, such as fire, flood, wind, earthquake or other calamity, the public enemy, or other cause that is beyond the control of the property owner and could not otherwise have been prevented by reasonable care and maintenance of the structure, the City Council may establish a non-competitive emergency grant and/or loan for the following emergency project types, which are not otherwise covered by property owner insurance:

• i. Securing, shoring and/or stabilizing a historic resource;

• ii. Abatement of hazardous health materials and sources which lead to structural deterioration; and

• iii. Preparing a historic Structure Report and/or Preservation Plan approved by Director.

14. Time Extensions for Certificates of Appropriateness

• a. A Minor Certificate of Appropriateness must lapse and become void 12 months after the date of approval, unless a building permit (if required) has been issued and work authorized by the Certificate of Appropriateness has commenced prior to such expiration date and is diligently pursued to completion.

• b. A Major Certificate of Appropriateness must lapse and become void 24 months after the date of approval, unless a building permit (if required) has been issued and work authorized by the Certificate of Appropriateness has commenced prior to such expiration date and is diligently pursued to completion.

• c. Upon request of the property owner 30 day prior to the expiration of the application, and a showing of delays due to no fault of the applicant or reasonable diligence by the applicant, the Director may extend a Certificate of Appropriateness for an additional 2 periods of 12 months each. The Director may approve, approve with conditions, or deny any request for extension.

15. Revocation of Certificates

• a. A Certificate of Appropriateness or Economic Hardship may be revoked or modified following notice to the applicant and property owner and a hearing pursuant to Sec. 800.C.15 (this section) of this Code upon a finding by the Historic Preservation Commission that the applicant or property owner is responsible for:

  1. Noncompliance with any terms or conditions of the Certificate,

  2. Noncompliance with any provision in this article, or

  3. Fraud or misrepresentation in the obtaining of the Certificate.

b. Procedures

1. Revocation proceedings may be initiated by a dated writing signed by the Secretary who must give notice of the potential revocation to the applicant and the property owner by certified mail. Upon receipt of such a notice, the applicant and property owner, and their agents and contractors, must cease all work pursuant to the Certificate until a final determination by the Historic Preservation Commission can be made unless the Secretary

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provides written authorization for specified work to secure the project site and protect historic resources pending a Historic Preservation Commission decision.

2. A proposal to revoke a certificate must be scheduled for the next Historic Preservation Commission meeting, allowing for public noticing pursuant to Sec. 1190. Historic Preservation Review .

3. The Historic Preservation Commission must determine whether or not to revoke the certificate within 60 days of initiation of the proceedings.

4. The applicant will be notified of the Historic Preservation Commission’s decision by mail within 10 days.

16. Tree Preservation

Tree on historic properties and in historic districts are important character-defining features. This section provides for the protection of mature trees.

a. Coordination with Southern California Edison on Line Clearing Activities

1. Annual Line Clearing Schedule Notification

Annually, Southern California Edison must submit to the Public Works Department a schedule of anticipated tree trimming in all City historic districts and historic sites. The schedule must identify contractors and locations.

2. Palm Tree Identification

Annual notification must include identification of all palm trees in City historic districts and historic sites that have the potential to encroach on power lines.

3. Line Clearing Standards

All line clearance work on mature significant trees, specimen (heritage) trees, or City street trees must be in compliance with the utility pruning standards established by the International Society of Arboriculture and the Utility Arborists Association, A summary of the standards is presented in Sec. 800.C.16.c. Pruning and Trimming .

4. Historic Preservation Commission Notification

All notifications provided to the Public Works Department must be sent to the Historic Preservation Commission within 10 days of a scheduled tree trimming within all City historic districts and historic sites.

b. Removal of Character-Defining Landscaping

1. Application Process

All requests to remove Character-Defining Landscaping must be accepted and processed by the Planning Division through a Minor Certificate of Appropriateness application.

2. Permitted Removals

Removal of Character-Defining Landscaping must be permitted if one of the following criteria is met, subject to approval of a Minor Certificate of Appropriateness.

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i. Danger to Public Welfare

A Minor Certificate of Appropriateness must be obtained prior to removal of any and all character-defining landscaping within historic districts and historic sites throughout the City that is clearly a danger to the public welfare, including trees that are in danger of toppling, blocking traffic visibility and cannot be trimmed to allow a clear line of sight, damaging structures that threaten lives, and/or damaging infrastructure that provide essential services such as electrical power or communications that could threaten lives or the provision of essential services such as electrical power or communications. The City Building Official, City Engineer, and/or City Arborist must assess all potential dangers to the public welfare, determine the severity of the situation and provide a recommendation to the Planning Manager. This does not include damage to sewer and water lines that disrupt service to private property unless a danger to the public welfare is present. A Minor Certificate of Appropriateness may be approved after removal of any character-defining landscaping in situations where there is a verified imminent danger to the public welfare so as not to delay removal of the imminent danger.

ii. Dead or Diseased Trees

A Minor Certificate of Appropriateness must be obtained prior to removal of any dead or diseased trees within historic districts and historic sites throughout the City that are not likely to recover and/or have the potential to infect other nearby trees. The City Arborist must assess all dead or diseased trees and provide a recommendation to the Planning Manager.

3. Unpermitted Removal

A retroactive Minor Certificate of Appropriateness be obtained for all unpermitted removal of any and all character-defining landscaping within historic districts and historic sites throughout the City.

4. Major Certificates of Appropriateness

A request to remove a tree that does not meet the criteria in Sec. 800.C.16.b.2. Permitted Removals above, or the requirements in the design guidelines must require the approval of a Major Certificate of Appropriateness by the Historic Preservation Commission.

c. Pruning and Trimming

All trees, except Oak Trees, located within historic districts and historic sites throughout the City pruned or trimmed in conformance with the most current guidelines of International Society of Arboriculture and the American National Standards Institute (ANSI) A300-Pruning Standards must not require a permit. Pruning or trimming that deviates from these guidelines must require a Minor Certificate of Appropriateness. Trimming of Oak trees require a Minor Certificate of Appropriateness.

d. Replacement

The removals of any and all character-defining landscaping within historic districts and historic sites throughout the City must be subject to replacement as defined below.

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1. Permitted Removals

Permitted removal of any and all character-defining landscaping subject to a Minor Certificate of Appropriateness must be replaced based on a ratio that replaces the benefit loss of the removed tree(s) using an objective methodology acceptable to the City Arborist. The replacement trees must be planted with suitable species selected from the City's recommended tree palette and with the approval from the City Arborist. If any trees cannot be planted on the subject property, or the immediate public right-of-way, an in-lieu fee may be paid into the City's tree mitigation and planting fund, which must be used to plant trees within the historic district where the tree(s) were removed. The tree replacement requirements must be satisfied within one year of the granting of a Minor Certificate of Appropriateness for tree removals.

2. Unpermitted Removals

Unpermitted removal of any and all character-defining landscaping subject to a retroactive Minor Certificate of Appropriateness must be replaced based on a ratio that replaces the benefit loss of the removed tree(s) multiplied by 2 using an objective methodology acceptable to the City Arborist. The replacement trees be planted with suitable species selected from the City's recommended tree palette and with the approval from the City Arborist. If any trees cannot be planted on the subject property, or the immediate public right-of-way, an in-lieu fee may be paid into the City's tree mitigation and planting fund, which be used to plant trees within the historic district where the tree(s) were removed. The tree replacement requirements must be satisfied within one year of the granting of a Minor Certificate of Appropriateness for tree removals. This section must not apply to the removal of character-defining landscaping that is an imminent danger to the public welfare.

3. Unpermitted Removals during Construction Activities

If a tree removal occurs in the course of any construction activities authorized pursuant to a conditional use permit, variance, design review, tentative map or other discretionary land use approval or any city-issued grading permit, building permit, excavation permit or temporary certificate of occupancy, the City, in addition to all other remedies available to it under this chapter, may issue a stop-work order suspending and prohibiting further activity on the property until a mitigation plan has been filed with and approved by the Planning Manager, agreed to in writing by the property owner(s) and either implemented or guaranteed by the posting of adequate security. The mitigation plan include measures for the protection of any remaining Protected Trees.

17. Appeals

Appeals related to historic resources will be processed in accordance with Sec. 1190. Historic Preservation Review of this code.

18. Archaeological Resources

a. Requirements for Archaeological Resources

The following studies are required for any project that has the potential to affect archaeological resources. All reports will be prepared in accordance with federal and state guidelines and by persons that meet the Secretary of the Interior’s Professional Qualification Standards.

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1. Phase I Archaeological Assessment

A Phase I Archaeological Assessment is required for any property listed or located within a potentially eligible historic merit or thematic districts or any other historical resources identified in the General Plan.

2. Exceptions to a Phase I Study

Exceptions to the Phase I study requirement can be made by the Director in cases where:

• i. Prior archaeological or historic studies have been performed and no significant deposits have been found;

• ii. Building additions and modifications will not exceed five percent (5%) of the existing building footprint square footage;

• iii. Interior remodeling or exterior facade renovation is proposed; or

• iv. Other circumstances that, in the Development Services Director’s judgment, warrant an exemption from the Phase I study requirement. Exemption decisions should be coordinated as part of Planning staff review of a project. Exemptions must not be permitted for Phase I, II, or III studies on any parcel where archaeological deposits or historic structures meeting CEQA definitions of significance are met.

3. Phase II Study

• i. Archaeological Significance Evaluations. A Phase II study is required if archival or physical evidence on the surface of a location proposed for development indicates that historic or prehistoric archaeological resources or important Historical Resources may be present. Any Phase II (subsurface) archaeological test excavations be designed and implemented by trained historic and/or prehistoric archaeologists. The Phase II requirements are mandatory where any significant cultural resource is identified as a result of Phase I evaluation.

• ii. A Phase II study also determine the probable area and vertical extent of archaeological remains and determine whether the deposits are intact and meet CEQA eligibility requirements pursuant to CEQA Guidelines . In the cases of historic structures, the Phase II study identify the significance of the structure and any potential mitigation plan which may reduce impacts to the structure. The Phase II report include a plan for mitigation complying with Appendix K of the CEQA Guidelines if significant deposits or historic buildings or sites are encountered.

4. Phase III Data Recovery and Mitigation Program

A Phase III Data Recovery and Mitigation Program must be required when any archaeological resources are determined to be eligible Historical Resources under this ordinance or the CEQA Guidelines . Any impacts to a significant historic or prehistoric archaeological site or standing structure must be mitigated through a Phase III (subsurface testing or architectural documentation) data recovery program. Financial limitations on Phase III programs must conform to A ppendix K of the CEQA Guidelines , unless construction is undertaken with Federal funds in which case mitigation funding must comply with and be limited by Federal standards and guidelines. If feasible, construction impacts to significant archaeological deposits must be minimized through the use of less destructive footing construction

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technology (post-tensioned slabs, pier footings, etc). All studies must include mitigation measures to reduce the impact of the proposed project on the archaeological resources. These studies must be completed as part of a Certificate of Appropriateness Application.

5. Public Records Act

The City of Pomona will treat all archeological site information, including reports with specific site locations, as confidential information. However, since many non-sensitive properties (such as rock walls, ditches, Victorian buildings, etc.) have been recorded on archeological site records, a review of the individual site record should be accomplished to determine whether this property's location and information should be withheld in any given circumstance. This information will be kept on file with the City of Pomona Planning Division. The Development Services Director, in consultation with the Historic Preservation Commission will develop a policy regarding access to such records. Any policy should be consistent with state or federal regulations.

19. The Mills Act

A Mills Act contract process is established to provide economic incentives for the preservation of a Designated Historic Landmark or contributing structure within a Designated Historic District.

a. General Requirements

All Designated Historic Landmarks, contributing structures in Designated Historic Districts and properties listed on the National Register of Historic Places or the California Register of Historical Resources are eligible for Mills Act Contracts, pursuant to the California Government Code (Sec. 50280 through 50289) .

b. Consideration of Non-Contributing Resources

A non-contributing resource to a designated historic district may be considered for a Mills Act Contract if it will be restored to a point that is would qualify for re designation as a contributing structure by the completion of the projects approved under the contract. The resource must be re-designated as a contributing resource prior to the approval of the Mills Act Contract.

c. Required Provisions of a Mills Act Contract

All Mills Act contracts must comply with the California Government Code (Sec. 50281.) , which include, but are not limited to:

1. The term of the contract will be for a minimum of 10 years.

2. The applicant and property owners are required to comply during the term of the contract with the U.S. Secretary of the Interior’s Standards for Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring and Reconstructing Historic Buildings and the State Historic Building Code.

3. The City must be authorized to conduct periodic inspections to determine the applicant’s and property owner’s compliance with the contract.

4. The contract must be binding upon, and inure to the benefit of, all successors in interest of the owner and the applicant.

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5. The contract must require written notice to the State Office of Historic Preservation within six months of execution of the contract

d. Qualifying Projects

The Historic Preservation Commission must develop and regularly update a list of priority projects and a list of non-qualifying projects for Mills Act contracts.

e. Applications

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

1. A copy of the latest grant deed for the property

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

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

4. Required Fee(s).

f. Procedures

Applications for a Mills Act Contract must be processed in accordance with Sec. 1190.G. Mills Act Contract .

g. Findings

To grant approval of a Mills Act contract, the City Council must make the following findings:

1. That based on information contained in the program application including, but not limited to the Restoration, Rehabilitation and Preservation Plan, cost estimates, estimated tax savings to the property owner and other related information, the approval of the Mills Act contract will serve to compensate the City for the reduction in property taxes received.

2. That the Restoration, Rehabilitation and Preservation Plan will extend the life of the structure(s), protect the historic and aesthetic value of the property, and comply with the rules and regulations of the State Office of Historic Preservation of the Department of Parks and Recreation; the United States Secretary of the Interior's Standards for Rehabilitation; the State Historic Building Code; and the City of Pomona Municipal Code, Historic Preservation Ordinance and Design Guidelines.

h. Recordation

The approved contract must be recorded with the County Recorder within 20 days of approval.

i. Non-renewal

A Mills Act contract must be a perpetual, 10-year contract that automatically renews annually unless and until either party gives written notice to the other that the contract will not be renewed upon the expiration of its current term.

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j. Cancellation

A Mills Act contract may be canceled or modified if the Historic Preservation Commission finds after written notice to the applicant and the property owner and a hearing pursuant to Sec. 1190.G. Mills Act Contract that:

1. The owner or applicant is responsible for:

   • i. Noncompliance with any terms or conditions of the contract,

   • ii. Noncompliance with any provision in this article, or

   • iii. Misrepresentation or fraud used in the process of obtaining the contract.

2. The historic resource has been:

   • i. Destroyed by fire, flood, wind, earthquake or other calamity, or the public enemy,

   • ii. Taken by eminent domain.

k. Cancellation Procedures

Cancellation proceedings may be initiated by any member of the Historic Preservation Commission.

1. Once notice of possible cancellation has been given under Sec. 1190. Historic Preservation Review , the proposed cancellation must be scheduled for the next Historic Preservation Commission meeting, allowing for public noticing requirements in conformance with Sec. 1190. Historic Preservation Review .

2. The Commission will make a recommendation to the City Council which the secretary will transmit to the City Council and to applicant and the property owner(s) by certified mail.

3. City Council, within 60 days of initiation of the proceedings, must cancel or continue the contract.

4. The secretary must notify the applicant and the property owner of the Council’s decision by certified mail within 10 days.

l. Cancellation Fee

If a Mills Act contract is canceled pursuant to subparagraph 1. of paragraph G. of this section above, the property owner must be liable to the City for a cancellation fee equal to 12½ percent of the current fair market value of the property.

20. Historic Rehabilitation Financing Program

The Marks Historic Rehabilitation Act of 1976 was established by the State of California to allow cities and counties to provide long-term, low-interest loans to finance the preservation, restoration, and rehabilitation of Historical Resources. The City of Pomona hereby establishes a Historic Rehabilitation Financing Program in accordance with and subject to, the provisions of the Marks Historic Rehabilitation Act of 1976.

a. Rehabilitation Area

This area must consist of all properties within the City.

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b. Eligible Structures

Any property eligible for funding under this program must be within a rehabilitation area as defined in Sec. 1190. Historic Preservation Review , and must be a designated a Local Historic Landmark or Landscape, a contributing structure to a designated Local Historic District, or listed or determined eligible for listing, on the California Register of Historical Resources or the National Register of Historic Places.

c. Rehabilitation Requirements

Any property rehabilitated with funding from this program must meet the following requirements:

1. Rehabilitation Standards

Any rehabilitation must use the Secretary of the Interior’s Standards for the Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating Restoring Reconstructing Historic Buildings and any local preservation and design guidelines adopted by the City.

2. Maintenance

Any property rehabilitated with funding from this program must be maintained in good condition for a period of at least ten (10) years from the completion of the rehabilitation.

d. Advisory Board

The City Council will establish an Advisory Board pursuant to and in accord with State Law, if and when an application for funding under this section is received by the City.

21. Incentives for Historic Preservation

The following section is provided to allow for incentives to be used to support the preservation, maintenance and appropriate rehabilitation of the City’s designated Historical Resources.

a. Eligible Properties

Preservation incentives must be made available to owners of any property subject to this ordinance.

b. Eligible Projects

The following types of projects are eligible for preservation incentives. Any project listed below must comply with the Secretary of the Interior’s Standards for the Treatment of Historic Properties and be approved by the Historic Preservation Commission.

1. Restoration or Exterior Rehabilitation that includes the restoration, repair or replacement, in kind, of significant architectural features; or

2. Relocation to another site if relocation would prevent demolition; or

3. Restoration of designated interior spaces; or

4. Seismic reinforcement or structural rehabilitation; or

5. Replacement of building systems that will further the preservation of the historical resource.

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6. Additions must be eligible for development incentives only.

c. Incentives

The following incentives may be used for eligible projects as listed above:

1. Economic and Financial Incentives

• i. Approval of a Mills Act contract pursuant to Sec. 1190.G. Mills Act Contract.

• ii. Approval of funding through the Historic Rehabilitation Financing Program, as prescribed in Sec. 800.C.20. Historic Rehabilitation Financing Program.

• iii. Approval of funds through the Historic Preservation Trust Fund, as prescribed in Sec. 800.C.13. Historic Preservation Trust Fund.

• iv. Grants or loans through other City Funding Sources, including but not limited to Housing funds

• v. Preservation Easements

• vi. Reduction or elimination of building plan-check or permit fees

• vii. Reduction or elimination of development-impact fees

viii. Reduction or elimination of any other applicable City fees

• ix. Federal Rehabilitation Tax Credits (applied through the California Office of Historic Preservation)

2. Development Incentives

• i. State Historic Building Code.

ii. Setback Reductions

Reductions in required setbacks or changes in height requirements may be granted when a reduction allows for the restoration of a character-defining feature, or allows for character-defining features to be replicated in additions to historic structures. In no case must a reduction in a setback be granted when the reduction will cause an adverse affect to the property or cause an adverse affect to the character of the neighborhood or district.

22. Preservation Easement

Preservation easements on the facades of buildings designated as an Historical Resources may be acquired by the City, or on the City’s behalf, by a nonprofit group designated by the City through purchase, donation, or condemnation pursuant to the California Civil Code (Sec. 815) .

23. California State Historic Building Code

The California State Historic Building Code (SHBC) provides alternative building regulations for the rehabilitation, preservation, restoration, or relocation of structures surveyed and identified as Historical Resources. The SHBC must be used in evaluating any building permit for work affecting an Historical Resource.

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24. Duty to Keep in Good Repair

In addition to any duty of maintenance established by another provision of this code or other applicable law, the owner, or other person in possession of an Historical Resource has a duty to keep in good repair all of the exterior features of such Resource, and all interior features thereof which, if not maintained, may cause or tend to cause the exterior features of such resource to deteriorate, decay become damaged or fall into a state of disrepair.

• a. All Historical Resources must be preserved against such decay and be kept free from structural defects through the prompt repair of any of the following:

  1. Facades which may fall and injure a member of the public or property,

  2. Deteriorated or inadequate foundation, defective or deteriorated flooring or floor supports, deteriorated walls or other vertical structural supports,

  3. Members of ceilings, roofs and roof supports or other horizontal members which age, split or buckle,

  4. Deteriorated or insufficient waterproofing of exterior walls, roofs, foundations or floors, including broken windows or doors,

  5. Defective or insufficient weather protection for exterior walls, including lack of paint or weathering due to lack of paint or other protective covering,

6. Any fault or defect in the building, which renders it not watertight or structurally unsafe.

• b. A Certificate of Appropriateness must not be issued for the demolition of an Historical Resource because of the failure of the owner to comply with this section.

• c. It must be the duty of the Building Official and Code Compliance Officers to enforce this section.

25. Normal Maintenance and Repair

Nothing in this section must be construed to prevent the ordinary maintenance or repair of any exterior architectural feature in or on any property covered by this chapter that does not involve a change in design, material, or external appearance thereof.

26. Unsafe and Dangerous Conditions

• a. Nothing contained in this section must prohibit the construction, alteration, restoration, demolition, or relocation of any Historical Resource when such action is required for public safety due to an unsafe or dangerous condition, which cannot be rectified through the use of the California State Historic Building Code.

• b. The Department must, upon an assessment and recommendation of the Building Official, certify that such a condition exists and inform the Historic Preservation Commission of that determination. Upon such a certification, a Certificate of Appropriateness must not be required for work within the scope of this section.

27. Enforcement and Penalties

• a. Any person who violates a requirement of this ordinance or fails to obey an order issued by the Historic Preservation Commission or comply with a condition of approval of any certificate or

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permit issued under this section must be guilty of a misdemeanor punishable pursuant to Sec. 11110. Violations and Enforcement .

• b. Any alteration or demolition of an Historical Resource in violation of Sec. 800. Historic Preservation is expressly declared to be a nuisance and must be abated by restoring or reconstructing the property to its original condition prior to the violation. Any person or entity who demolishes or substantially alters or causes substantial alteration or demolition of a structure, in violation of the provisions of Sec. 800. Historic Preservation , must be liable for a civil penalty pursuant to Sec. 800.AC.4. Non-Contributing Resource Status Change and/or Sec. 11110. Violations and Enforcement , as well as any other criminal or civil remedy authorized by this Zoning and Development Code or other law.

lters or causes substantial alteration or demolition of a structure, in violation of the provisions of Sec. 800. Historic Preservation , must be liable for a civil penalty pursuant to Sec. 800.AC.4. Non-Contributing Resource Status Change and/or Sec. 11110. Violations and Enforcement , as well as any other criminal or civil remedy authorized by this Zoning and Development Code or other law.

• c. Alteration or demolition of an Historical Resource in Violation of this chapter must authorize the City to issue a temporary moratorium for the development of the subject property for a period not to exceed 24 months from the date the City becomes aware of the alteration or demolition in violation of this article. The purpose of the moratorium is to provide the City an opportunity to study and determine appropriate mitigation measures for the alteration or removal of the historic structure, and to ensure measures are incorporated into any future development plans and approvals for the subject property. Mitigation measures as determined by the director must be imposed as a condition of any subsequent permit for development of the subject property.

• d. In the case of demolition, the civil penalty authorized by Sec. 800.C.10 Certifcate of Deconstruction must be equal to half of the assessed value of the Historical Resource prior to the demolition. In the case of alteration, the civil penalty authorized by paragraph B. of this section must be equal to half of the cost of restoration of the altered portion of the Historical Resource. Building and construction permits and/or a Certificate of Occupancy may not be issued for additional work on the property (other than work pursuant to Sec. 11110. Violations and Enforcement until the penalty has been paid in full to the City.

• e. In addition to any other remedies available at law or in equity, the City Attorney may maintain an action for injunctive relief to restrain a violation or cause, where possible, the complete or partial restoration, reconstruction or replacement of any structure demolished, partially demolished, altered or partially altered in violation of Sec. 800. Historic Preservation .

28. Design Standards and Guidelines

In order to ensure that Pomona’s historic buildings are preserved for future generations, the Historic Preservation Commission will develop guidelines and standards to assist owners in the preservation, rehabilitation, protection and maintenance of historic buildings. Any guidelines must be consistent with the Secretary of the Interior’s Standards for the Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring and Reconstructing Historic Buildings.

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Established Historic Districts and Landmarks

800.D. Established Historic Districts and Landmarks

1. Intent

• a. Pomona's Historic Districts include:

  1. Hacienda Park Historic District

  2. Lincoln park Historic District

  3. Wilton Heights Historic District

  4. Edison Historic District

5. Civic Center Historic District; and

   6. Landmark Quarter Historic District

2. Zoning District

• a. Each historic district uses an abbreviation for inclusion into the zoning map by adding an (-H) to the zoning district name where the overlay district applies. An example of this would be 'NE2-H'.

• b. Historic landmarks located outside an historic district also uses an (-H) abbreviation for inclusion into the zoning map.

3. Zoning District Brackets

• a. Each historic district is also represented within the second bracket of a zoning district as defined in Sec. 110.A.2. Zoning Modules An example of this would be 'NE2-H = [LM2-G1-CX2] [WHHD]'. All historic districts are abbreviated within the second zoning district bracket as follows:

  1. HPHD: Hacienda Park Historic District

  2. LPHD: Lincoln Park Historic District

  3. WHHD: Wilton Heights Historic District

  4. CCHD: Civic Center Historic District

  5. LQHD: Landmark Quarter Historic District

  6. EDHD: Edison Historic District

• b. Historic landmarks located outside an historic district is represented within the second bracket of the zoning district and uses an (-HL) abbrevation within the second zoning district bracket.

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Definitions

800.E. Definitions

The following definitions apply to Sec. 800. Historic Preservation :

Alteration. Any exterior change or modification, through public or private action, to the characterdefining or significant physical features of properties affected by this section. Such changes or modifications may be made to structures, architectural details, or visual characteristics, grading or surface paving. Also, changes or modifications may include the addition of new structures; cutting or removal of trees, landscaping, or other natural features; disturbance of archaeological sites or areas; and the placement or removal of visually or architecturally significant signs, plaques, light fixtures, street furniture, walls, fences, steps, plantings, or landscape accessories.

ANSI A300 Pruning Standards. Industry-developed, national consensus standards for the practice of tree care such as reasons to prune a tree may include, but are not limited to, reducing risk, managing tree health and structure, improve aesthetics, or achieving other specific objectives. Intended for use by federal, state, municipal, private entities including arborists, property owners, property managers, and utilities.

Applicant. An individual or an organization (private or public) submitting an application for a certificate of appropriateness for any proposed work on any designated historic landmark, or on any building, structure, or improvement on private or public property within a designated historic district.

Certificate of Appropriateness. A certificate issued by the Historic Preservation Commission approving such plans, specifications, statements of work, and any other information which is reasonably required by the Historic Preservation Commission to make a decision on any proposed exterior alteration, restoration, rehabilitation, construction, removal, relocation or demolition, in whole or in part, of or to a designated resource, designated site, or to a building or structure within a historic district.

Certificate of Deconstruction. A certificate issued by the Historic Preservation Commission approving the demolition and salvage, in whole or in part of an individual historic resource, a contributor to an historic district, or any other primary structure legally constructed that is 50 years old or older.

Certificate of Economic Hardship. A certificate issued by the Historic Preservation Commission to an applicant for a Certificate of Appropriateness for a project that due to an economic hardship does not comply with the Pomona’s historic preservation design standards and guidelines, and the Secretary of the Interior's Standards. The approval may include provisions to maintain as much as possible of the historic integrity of the property.

Character-Defining Landscaping. Landscaping that includes all the trees currently designated on the City’s “Protected Species List” and located in the historic districts and historic sites throughout the City. This definition also includes trees not on the “Protected Species List” and located outside historic districts but on historic sites.

Circumference Measured at Breast Height. The measurement around the tree trunk that is measured at 4½ feet above ground level. Trees that split into multi-trunks below 4½ feet must use the sum of each individual trunk measured at 4½ feet above ground level to determine the circumferences.

Construction. The act of constructing an addition to an existing building or structure or the erection of a new principal or accessory structure or building on a lot or property.

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Contributing Resource or Structure. Any property which contains an improvement or natural feature included in the application for an historic district which provides substance to the district's character. A contributor must be considered an historic landmark in all respects.

Demolition. Any act or process that destroys in part or whole an individual historic resource, a contributor to an historic district, or any other primary structure legally constructed that is 50 years old or older.

Design Guidelines. The principles contained in a document which illustrate appropriate and

inappropriate methods of rehabilitation and construction. The purpose of using a set of design guidelines is to aide design and decision-making with regard to retaining the integrity of scale, design intent, materials, feeling, patterns of development, and historical character of a landmark building or historic district. These principles are listed in the Secretary of Interior's Standards for Rehabilitation , set forth by the United States Department of the Interior.

Designated Historic Landmark. Any improvement or natural feature that has special historical, cultural, aesthetic, or architectural character, archaeological importance, interest, or value as part of the development, heritage or history of the city of Pomona, the state of California, or the nation, that has been designated a historic landmark of the city of Pomona and placed on the Pomona historic register.

Diameter at Breast Height (DBH). A form of measurement of an existing tree trunk. Diameter is measured at 4½ feet above ground level. Trees that split into multi trunks below 4½ feet must use the sum of each individual trunk measured 4½ feet above the natural grade to determine the diameter.

Drip Line. A line which may be drawn on the ground around a tree directly under its outermost branch tips and which identifies that location where rainwater tends to drip from the tree.

Eligible Historic District. Any group of properties surveyed at the intensive level in accordance with the standards set forth by the California Office of Historic Preservation, and determined by the Historic Preservation Commission to meet the applicable designation criteria set forth in this section is considered an Eligible Historical Resource.

Eligible Historic Resources. Any property or properties surveyed at the intensive level in accordance with the standards set forth by the California Office of Historic Preservation, and determined by the Historic Preservation Commission to meet the applicable designation criteria.

Exempted Properties. Properties which are specifically exempted by the City Council during consideration of a historic district designation. For purposes of determining district boundaries, such properties must be considered part of the subject historic district. Property owners at the time of exemption must be exempt from the provisions of the historic preservation ordinance so long as they retain ownership of the property. Transfer of ownership between relatives must constitute a change of ownership.

Hazard or Hazardous Condition. Any condition in a tree that poses a significant and imminent threat of serious injury or harm to the public or catastrophic damage to real property.

Historic Contexts. An Historic Context Statement provides the background and the basis for evaluating properties to determine their historical significance. An historic context statement is an organizational framework for historic preservation. The historic context organizes information based on an historical theme and its geographical and chronological limits. Contexts describe the significant broad patterns of development in an area that may be represented by historic properties. The development of

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Definitions

historic contexts is the foundation for decisions about identification, evaluation, registration and treatment of historic properties. An historic context provides an understanding of the relationship of individual properties to other similar properties, which allows decisions about the identification, evaluation, registration and treatment of historic properties to be made reliably. Information about historic properties representing aspects of history, architecture, archeology, engineering and culture must be collected and organized to define these relationships.

• Historical Resource. Improvements, buildings, structures, signs, features, sites, scenic areas, views and vistas, places, areas, landscapes, trees, or other objects of scientific, aesthetic, educational, cultural, architectural, archaeological objects, or historical significance to the citizens of the city of Pomona, the state of California, the Southern California region, or the nation which may be eligible for landmark status, and therefore, appropriate for historic preservation by the Historic Preservation Commission and the City Council.

• Historical Resource Surveys. Surveys are performed to identify properties that have the potential to become eligible Historical Resources as well as areas and neighborhoods that, due to the concentration of potential Historical Resources, have the potential to be historic districts. Surveys are conducted at two different levels, Reconnaissance and Intensive. Properties surveyed at the reconnaissance level in accordance with the standards set forth by the California Office of Historic Preservation are identified but not evaluated for historic significance. Intensive-level surveys identify and evaluate properties for historic significance. Intensive-level surveys must identify the applicable theme (in an adopted historic context statement), the designation criteria met and how the property meets historic integrity standards.

• Historic Landscape. A geographic area, including both cultural and natural resources and the wildlife or domestic animals therein, associated with a historic event, activity, or person, or exhibiting other cultural or aesthetic values. These include historic sites, historic designed landscapes, historic vernacular landscapes and ethnographic landscapes as defined by the National Park Service in Preservation Brief 36 .

phic area, including both cultural and natural resources and the wildlife or domestic animals therein, associated with a historic event, activity, or person, or exhibiting other cultural or aesthetic values. These include historic sites, historic designed landscapes, historic vernacular landscapes and ethnographic landscapes as defined by the National Park Service in Preservation Brief 36 .

• Historic Sites. Historic landmarks and contributing and non-contributing structures within historic districts and historic sites outside historic districts throughout the City. Structures legally exempted from the historic district must not be subject to the private property restrictions of this program. Landscaping within the public right-of-way adjacent to an exempted structure must be subject to this program.

Improvement. Any fixture or emblements affixed to public or private real property such as a building, structure, fence, gate, landscaping, tree, wall, parking facility, streetscape, sidewalk, paving, street light, street sign, bollard, park furniture, work of art, or other object constituting a physical feature of real property or any part of such feature.

International Society of Arboriculture (ISA). A professional association of arborists and tree workers that is recognized internally as one of the leading agencies in the research and establishment of high standards for all aspects of tree care.

Integrity. The ability of a property to convey its historical significance. A property would typically possess several of the following seven aspects of integrity, as defined in National Register Bulletin 15, to convey its significance: Location, Design, Setting, Materials, Workmanship, Feeling and Association.

Landmark Tree. A tree designated as a landmark of historic or cultural significance and of importance to the community due to any of the following factors: It is one of the largest or oldest trees of the species located in the city; it has historical significance due to an association with a historic building,

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site, street, person or event; or it is a defining landmark or significant outstanding feature of a neighborhood.

Landmark-Eligible Tree. A tree which meets the criteria for designation as a landmark tree, as determined by the review authority.

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General

Sec. 810. Specific Plans

810.a. General

1. Intent

A Specific Plan provides regulatory controls in-lieu of those provided in the zoning districts established in Part 2. Summary of

Zoning Districts for the systematic implementation of the General Plan.

2. Applicability

Any property located within one of the following Specific Plans:

• a. Downtown Pomona Specific Plan (2020)

• b. Pomona Corridors Specific Plan (2020)

• c. Phillips Ranch Specific Plan (2016)

• d. Mountain Meadows Specific Plan (2020)

• e. Mission 71 - Business Park Specific Plan (2005)

• f. Pomona Valley Hospital Medical Center Specific Plan (2010)

3. Zoning District Brackets

• a. Similar to the zoning district names established in Sec. 110.A.3. Zoning Districts , each Specific Plan uses an abbreviation for inclusion into the zoning map. All Specific Plans are abbreviated as follows:

  1. DTSP: Downtown Pomona Specific Plan (2020)

  2. COSP: Pomona Corridors Specific Plan (2020)

  3. PRSP: Phillips Ranch Specific Plan (2016)

  4. MMSP: Mountain Meadows Specific Plan (2020)

  5. 71SP: Mission 71 - Business Park Specific Plan (2005)

  6. MCSP: Pomona Valley Hospital Medical Center Specific Plan (2010)

• b. For more details about Specific Plans within zoning district brackets, see Sec. 110.A.2. Zoning Modules .

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810.B. Standards

1. Standards and permitted uses are established by the adopted Specific Plan covering the subject area.

2. Where the Specific Plan is silent regarding certain development standards, the Administrator will determine the applicability of similar development standards established in this Zoning and Development Code.

3. When a use is not listed in the permitted uses section of the Specific Plan covering the subject area, the use is not permitted unless a determination of similarity is approved (Sec. 530.A.2 Determination of Similarity) .

810.C. Procedures

See Sec. 1110. Application Filing and Processing .

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General

Sec. 820. Overlay Districts

820.a. General

1. Intent

An overlay district provides regulatory controls in addition to those provided in the zoning districts established in Part 2. Summary of

Zoning Districts for the systematic implementation of the General Plan.

2. Applicability

Any property located within one of the following overlay districts:

• a. Commercial Cannabis Permit Program Overlay District Sub-Areas:

  1. SA1 - Retail Only

  2. SA2 - Retail Only

  3. SA3 - Cultivation, Distribution, Manufacturing, Mirobusiness, Testing

  4. SA4 - Cultivation, Distribution, Manufacturing, Testing

• b. Fairplex Overlay District

• c. SB330 Overlay District

3. Zoning District

Each overlay district uses an abbreviation for inclusion into the zoning map by adding an additional letter to the zoning district name where the overlay district applies. An example of this would be 'NE1-C'. All overlay districts are abbreviated as follows:

• a. -C: Commercial Cannabis Permit Program Overlay District

• b. -F: Fairplex Overlay District

• c. -S: SB330 Overlay District

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General

4. Zoning District Brackets

Each overlay district is also represented within the second bracket of a zoning district as defined in Sec. 110.A.2.d Zoning Modules. An example of this would be 'NE1-C = [LM2-G1-CX1] [SA1]'. All overlay districts are abbreviated within the second zoning bracket as follows:

• a. Commercial Cannabis Permit Program Overlay Districts Sub-Areas:

  1. SA1: SA1 - Retail Only

  2. SA2: SA2 - Retail Only

  3. SA3: SA3 - Cultivation, Distribution, Manufacturing, Mirobusiness, Testing

  4. SA4: SA4 - Cultivation, Distribution, Manufacturing, Testing

• b. F: Fairplex Overlay District

• c. S: SB330 Overlay District

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Standards

820.B. Standards

1. Commercial Cannabis Permit Program Overlay District (-C)

The Commerical Cannabis Permit Program Overlay District regulates commercial cannabis locations and activities by sub-area. See the City Code (Ch. 68) for any standards related to the Commerical Cannabis Permit Program Overlay District.

2. Fairplex Overlay District (-F)

The Fairplex overlay district regulates any properties affiliated with the Fairplex as public fairgrounds in a manner that does not create smoke, gas, odor, dust, sound, vibration, soot, lighting, or other nuisance to persons residing in or near the Fairplex.

The Fairplex overlay district permits a range of public entertainment, exhibition, commercial, conference, equine, and other events and uses on a year-round basis as previously permitted by Ord. 2450 .

a. Uses Permitted

1. The following fair related uses are permitted within this overlay district without any permit except for building and grading permits as applicable:

   • i. Child Care

   • ii. Commercial uses related to other permitted uses in structures less than 30,000 square feet

   • iii. Consumer Shows

   • iv. Drag Racing

   • v. Exhibitions

   • vi. Fairs and Festivals

   • vii. Filming and photographic shoots

   • viii. Financial Services

   • ix. Fireworks Displays

   • x. Food Service including Banquets, Catering, and Concessions

   • xi. Horse Exhibition, Sales, Racing, Wagering including Satellite Wagering

   • xii. Live Entertainment

   • xiii. Livestock

   • xiv. Pet and Other Animal Exhibitions, Training, and Sales

   • xv. Meetings and Conferences

   • xvi. Outdoor Recreation including but not limited to Camping, Picnics, Rallies, Social Events, and Sporting events

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Standards

• xvii. Religious, educational, charitable, community and political activities

• xviii. Testing and Demonstration of Mechanical Equipment and Devices to the Extent that such Uses Do Not Violate the City's Noise Ordinance

• xix. Trade Shows

• xx. Business Support services for permitted uses

• xxi. Facility and Vehicle Maintenance for Permitted Uses

2. The following fair related structures may be maintained, altered, expanded or erected within this overlay district without any permits except for building and grading permits as applicable:

   • i. Auditoriums and Meeting Halls

   • ii. Banks and ATMs

   • iii. Bars and Drinking Facilities

   • iv. Campgrounds

   • v. Caretaker and/or Employee Residential Quarters

   • vi. Child Care Centers

   • vii. Community and Cultural Centers

   • viii. Concert and Performing Art Theaters, both Indoor and Outdoor

   • ix. Drag Racing Facility

   • x. Equestrian Facilities including Horse Race Tracks, Equine Hospitals, Off-Track Wagering Facilities

   • xi. Paddocks, Sales Pavilions, Show Rings, Trails and Water Quality Systems

   • xii. Exhibit Buildings

   • xiii. Governmental Buildings and Sponsored Uses

   • xiv. Grandstand/Suite Complex

   • xv. Libraries and Museums

   • xvi. Livestock Stables

   • xvii. Offices for Administrative Purposes

   • xviii. Off-Street Parking

   • xix. Outdoor Public Address Systems except as restricted by Sec. 820.B.3.b.1.i. (within Uses Permitted by Conditional Use Permit)

   • xx. Parking Structures

   • xxi. Pipeline and Utility Lines

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xxii. Public Safety Facilities

xxiii. Recreational Vehicle (RV) Parks

xxiv. Restaurants

xxv. Signs and Signage, On-site Only

xxvi. Trade and Conference Centers

xxvii. Tents and Temporary Structures

xxviii. Warehouses

b. Uses Permitted by Conditional Use Permit

1. The following uses are permitted only upon the granting of a conditional use permit:

   • i. Use of Outdoor Public Address Systems between 10PM to 9AM at Times Other Than During the Regular Fair Season

   • ii. Convention Centers

   • iii. Sports Arenas

   • iv. Wireless Communication Facilities, Subject to Sec. 540.C.2. Wireless Telecommunications Facility

   • v.

     • Hotels and Motels

   • vi. Heliports

   • vii. Amateur/Ham Radio Antenna Greater Than 35 feet in Height

   • viii. Commercial/Retail Developments in Excess of 30,000 Square Feet

   • ix. Residential Developments Except for Caretaker/Employee Quarters

   • x. Other Uses Not Specifically Listed

2. Before approving any such conditional use permit, the Planning Commission must make the findings required in Sec. 1160.D. Conditional Use Permit .

3. The fairgrounds delineated for conditional use permit applications must include all buildings and parking areas used by the subject use and the amount of permit fee to be determined by this area.

4. The conditionally permitted use listed above must also comply with the requirements of the provisions of the California Environmental Quality Act (CEQA) guidelines , as applicable.

c. Uses Expressly Prohibited

Medical Marijuana Dispensaries

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Procedures

820.C. Procedures

1. Cannabis Overlay Districts (-C)

See Sec. 1110. Application Filing and Processing and the City Code (Ch. 68) .

2. Fairplex Overlay District (-F)

a. Design Review Compliance

For all conditionally permitted uses listed in Sec. 820.B.3.b. Fairplex Overlay District that involve the physical development of permanent structures, said structures are subject to site design and architectural review and approval by the Development Services Director prior to the issuance of any building permit for said structure or use.

b. See SSec. 1110. Application Filing and Processing .

3. SB330 Overlay District (-S)

See Sec. 830.B.3.c SB330 Overlay District .

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Accessory Dwelling Units

Sec. 830. Special Provisions

830.a. Accessory Dwelling Units

1. Purpose and Intent

The purpose of this section is to regulate Accessory Dwelling Units in accordance with the California Government Code (Sec. 65852.2 and 65852.22) while:

• a. Providing affordable housing to meet the needs of the citizens of Pomona;

• b. Ensuring that the development of ADUs is compatible with existing development;

• c. Preserving the City of Pomona's cultural, historical, and architectural heritage; and

• d. Implementing and promoting the goals and policies of the General Plan .

2. Effect of Conforming

An ADU or JADU that conforms to the standards in this section must not be:

• a. Deemed to be inconsistent with the General Plan and zoning designation for the lot on which the ADU or JADU is located.

• b. Deemed to exceed the allowable density for the lot on which the ADU or JADU is located.

• c. Considered in the application of any local ordinance, policy, or program to limit residential growth.

• d. Required to correct a nonconforming zoning condition, as defined in Sec. 830.A.3. Defnitions , below. This does not prevent the City from enforcing compliance with applicable building standards in accordance with the California Health and Safety Code (Sec. 17980.12.) .

3. Definitions

The following definitions apply to 830.A. Accessory Dwelling Units :

Accessory Dwelling Unit. An attached or a detached residential dwelling unit that provides complete independent living facilities (permanent provisions for living, sleeping, eating, cooking, and sanitation) for one or more persons and is located on a lot with a proposed or existing primary residence. An ADU also includes the following:

• a. An efficiency unit, as defined the California Health and Safety Code (Sec. 17958.1) ; and

• b. A manufactured home, as defined the California Health and Safety Code (Sec. 18007) .

Accessory Dwelling Unit, Attached. An ADU that is newly constructed and attached to the Primary Dwelling Unit. An Attached ADU may be located, in part, within the existing floor area of the Primary Dwelling Unit.

Accessory Dwelling Unit, Detached. An ADU that is newly constructed and not attached to the Primary Dwelling Unit or multi-unit dwelling. A Detached ADU may be attached to an Accessory Structure (e.g. garage).

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• Accessory Dwelling Unit, Interior. An ADU that is located entirely within the existing space of a Primary Dwelling Unit, multiunit dwelling, or Accessory Structure.

• Accessory Structure. A structure that is accessory to and incidental to that of the Primary Dwelling Unit and that is located on the same lot.

• Crawl Space. An underfloor space that is not a basement as defined in the 2019 California Residential Code . Any crawl space taller than 36 inches must be included in the calculation of the total floor area for an ADU.

Efficiency Kitchen. A kitchen that includes all of the following:

• a. A cooking facility with appliances.

• b. A food preparation counter and storage cabinets that are of reasonable size in relation to the size of the JADU.

Junior Accessory Dwelling Unit. A residential unit that satisfies all of the following:

• a. It is no more than 500 square feet in size.

• b. It is contained entirely within an existing or proposed single-family structure. An enclosed use within the residence, such as an attached garage, is considered to be a part of and contained within the single-family structure.

• c. It includes its own separate sanitation facilities or shares sanitation facilities with the existing or proposed single-family structure.

• d. If the unit does not include its own separate bathroom, then it contains an interior entrance to the main living area of the existing or proposed single-family structure in addition to an exterior entrance that is separate from the main entrance to the primary dwelling.

• e. It includes an efficiency kitchen.

Multifamily Dwelling. Any structure with two or more attached primary dwelling units (e.g., apartments, attached townhomes, row houses).

• Nonconforming Zoning Condition. A physical improvement on a property that does not conform with current zoning standards.

• Passageway. A pathway that is unobstructed clear to the sky and extends from a street to one entrance of the ADU as defined in the California Government Code (Sec. 65852.2) .

Primary Dwelling Unit. Any legally established, single-unit dwelling, existing or proposed, located on the same lot as an ADU or JADU.

• Proposed Dwelling. A dwelling that is the subject of a permit application and that meets the requirements for permitting.

Public Transportation. A location, including, but not limited to, a bus stop or train station, where the

public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public.

Tandem Parking. Two or more automobiles parked on a driveway or in any other location on a lot, lined up behind one another as defined in the California Government Code (Sec. 65852.2) .

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Accessory Dwelling Units

4. Ministerial Approvals

The following approvals apply to ADUs and JADUs under this section.

a. Type 1 – Building Permit Only

If an ADU or JADU complies with each of the general requirements in Sec. 830.A.5. General ADU and JADU Requirements , below, it is allowed with only a building permit in the following scenarios:

1. Interior ADU on a Single-Unit Lot

One Interior ADU and one JADU on a lot with a proposed or existing single-unit dwelling on it, where the ADU or JADU:

• i. Is either within the space of a proposed Primary Dwelling Unit;

• ii. Within the existing space of a Primary Dwelling Unit; or

• iii. In the case of an ADU only, within the existing space of an Accessory Structure, plus up to 150 additional square feet if the expansion is limited to accommodating ingress and egress.

  • a) An existing, Accessory Structure of any size may be converted to an Interior ADU.

  • b) Any proposed expansions greater than the 150 additional square feet limited to accommodating ingress and egress are not permitted.

• iv. Has exterior access that is independent of that for the Primary Dwelling Unit.

• v. Has side and rear setbacks sufficient for fire and safety, as dictated by applicable building and fire codes.

• vi. In the case of a JADU, it must comply with the requirements of the California Government Code (Sec. 65852.22.) .

2. Limited Detached ADU on Single-Unit Lot

One detached, new construction ADU on a lot with a proposed or existing Primary Dwelling Unit (in addition to any JADU that might otherwise be established on the lot under Sec. 830.A.4.a.1. Interior ADU on a Single-Unit Lot , above, if the Detached ADU satisfies the following limitations:

• i. The side- and rear-yard setbacks are at least 4 feet.

• ii. The total floor area is 800 square feet or smaller.

• iii. The peak height above grade does not exceed the applicable height limit in Sec. 830.A.5.b. Height , below.

3. Interior ADU on Multi-unit Lot

One or more ADUs within portions of existing multi-unit dwelling structures that are not used as livable space, including but not limited to storage rooms, boiler rooms, passageways, attics, basements, or garages, if each Interior ADU complies with State building standards for

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dwellings. At least one Interior ADU is allowed within an existing multi-unit dwelling, up to a quantity equal to 25 percent of the existing multi-unit dwelling units.

4. Limited Detached ADU on Multi-unit Lot

No more than two Detached ADUs on a lot that has an existing or proposed multi-unit dwelling if each Detached ADU satisfies the following limitations:

• i. The side- and rear-yard setbacks are at least 4 feet. If the existing multifamily dwelling has a rear or side yard setback of less than 4 feet, the City will not require any modification to the multifamily dwelling as a condition of approving the ADU.

• ii. The peak height above grade does not exceed the applicable height limit in Sec. 830.A.5.b. (Height) .

b. Type 2 - Building Permit Only

– Except as allowed under Sec. 830.A.4.a. Type 1 Building Permit Only , above, no ADU may be created without a building permit in compliance with the standards set forth in Sec. 830.A.5. General ADU and JADU Requirements and Sec. 830.A.6. Specifc ADU Requirements , below.

c. Process and Timing

1. An application to create an ADU or JADU under this section will be considered and approved ministerially, without discretionary review or a hearing.

2. The City must approve or deny an application to create an ADU or JADU within 60 days from the date that the City receives a completed application. If the City does not approve or deny the completed application within 60 days, the application is deemed approved unless either:

   • i. The applicant requests a delay, in which case the 60-day time period is tolled for the period of the requested delay, or

   • ii. When the application to create an ADU or JADU is submitted with a permit application to create a new single-family or multi-family dwelling on the lot, the City may delay acting on the permit application for the ADU or JADU until the City approves or denies the permit application to create the new single-family or multi-family dwelling, but the application to create the ADU or JADU will still be considered ministerially without discretionary review or a hearing.

3. If the City denies an application for an ADU or JADU, the City must provide the applicant with a full set of written comments that include, among other things, a list of all the defective or deficient items and a description of how the application may be remedied by the applicant. Notice of the denial and corresponding comments must be provided to the applicant within the 60-day time period established by Sec. 830.A.4.c. Process and Timing .

4. Demolition of Detached Garages

In instances where a detached garage is to be demolished and replaced by an ADU, the application for the demolition of the garage will be reviewed with the application for the ADU and the permit for the garage demolition and ADU will be issued at the same time.

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5. General ADU and JADU Requirements

The following requirements apply to all ADUs and JADUs that are approved under Sec. 830.A.4.a. Type 1 – Building Permit Only or Sec. 830.A.4.b. Type 2 - Building Permit Only :

a. Zoning

• 1. An ADU or JADU subject only to a building permit under Sec. 830.A.4.a. Type 1 Building Permit Only , may be created on a lot in a residential or mixed-use zone.
• 2. An ADU or JADU subject to a building permit under Sec. 830.A.4.b. Type 2 Building Permit Only , may be created on a lot that is zoned to allow single unit dwelling residential use or multi-unit dwelling residential use.

b. Height

1. Except as otherwise provided by Sec. 830.A.5.b.2. and Sec. 830.A.5.b.3. General ADU and JADU Requirements , below, a detached ADU created on a lot with an existing or proposed single family or multifamily dwelling unit may not exceed 16 feet in height.

2. A detached ADU may be up to 18 feet in height if it is created on a lot with an existing or proposed single family or multifamily dwelling unit that is located within one-half mile walking distance of a major transit stop or a high quality transit corridor, as those terms are defined in the California Public Resources Code (Section 21155) , and the ADU may be up to two additional feet in height (for a maximum of 20 feet) if necessary to accommodate a roof pitch on the ADU that is aligned with the roof pitch of the primary dwelling unit.

3. A detached ADU created on a lot with an existing or proposed multifamily dwelling that has more than one story above grade may not exceed 18 feet in height.

4. An ADU that is attached to the primary dwelling may not exceed 25 feet in height or the height limitation imposed by the underlying zone that applies to the primary dwelling, whichever is lower. Notwithstanding the foregoing, ADUs must not exceed two stories.

5. For purposes of this Sec. 830.A.5.b. , Height is the vertical distance measured from the adjoining curb level to the highest point of the structure, exclusive of chimneys and ventilators.

c. Fire Sprinklers

1. Fire sprinklers are only required in an ADU if sprinklers are required in the primary residence. For purposes of this paragraph, in the case of multi-unit structures, the entire residential structure will be considered the primary residence.

2. The construction of an ADU will not trigger a requirement for fire sprinklers to be installed in the existing primary dwelling or existing multi-unit dwelling.

d. Rental Term

No ADU or JADU may be rented for a term that is shorter than 30 days. This prohibition applies regardless of when the ADU or JADU was created.

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e. No Separate Conveyance

Except as otherwise provided in the California Government Code (Sec. 65852.26.) , an ADU or JADU may be rented, but no ADU or JADU may be sold or otherwise conveyed separately from the lot and the primary dwelling (in the case of a single-unit lot) or from the lot and all of the dwellings (in the case of a multi-unit lot).

f. Septic System

If the ADU or JADU will connect to an on-site water-treatment system, the Owner must include with the application a percolation test completed within the last five years or, if the percolation test has been recertified, within the last 10 years.

g. Owner-Occupancy

As required by state law, all JADUs are subject to an owner-occupancy requirement. A natural person with legal or equitable title to the property must reside on the property, in either the primary dwelling or JADU, as the person’s legal domicile and permanent residence. However, the owner-occupancy requirement of this paragraph does not apply if the property is entirely owned by another governmental agency, land trust, or housing organization.

h. Deed Restrictions

Prior to the issuance of a certificate of occupancy for an ADU or JADU, a deed restriction must be recorded against the title of the property in the Los Angeles County Recorder's office and a copy filed with the Director of Development Services. The deed restriction must run with the land and bind all future owners.

1. A deed restriction or similar instrument that runs with the land, must be recorded against the property and must include the following:

   • i. Except as otherwise provided in the California Government Code (Sec. 65852.26.) , the ADU or JADU may not be sold separately from the primary dwelling.

   • ii. The ADU or JADU is restricted to the approved size and to other attributes allowed by this section.

   • iii. The deed restriction runs with the land and may be enforced against future property owners.

2. The deed restriction may be removed if the owner eliminates the ADU or JADU, as evidenced by, for example, removal of the kitchen facilities.

3. To remove the deed restriction, an owner may make a written request of the Development Services Director, providing evidence that the ADU or JADU has in fact been eliminated.

4. The Director of Development Services may then determine whether the evidence supports the claim that the ADU or JADU has been eliminated.

5. Appeal may be taken from the Director of Development Service’s determination consistent with Sec. 1170.E. Director Determination . If the ADU or JADU is not entirely physically removed, but is only eliminated by virtue of having a necessary component of an ADU or JADU removed, the remaining structure and improvements must otherwise comply with applicable provisions of this Code.

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Accessory Dwelling Units

6. The deed restriction is enforceable by the Development Services Director or their designee for the benefit of the City. Failure of the property owner to comply with the deed restriction may result in legal action against the property owner, and the City is authorized to obtain any remedy available to it at law or equity, including, but not limited to, obtaining an injunction enjoining the use of the ADU or JADU in violation of the recorded restrictions or abatement of the illegal unit.

i. Building and Safety

1. Must Comply with the Building Code

Subject to Sec. 830.A.5.i.2. No Change of Occupancy , below, all ADUs and JADUs must comply with all local building code requirements.

2. No Change of Occupancy

Construction of an ADU does not constitute a Group R occupancy change under the local building code, as described in the California Building Code (Sec. 310) , unless the building official or Code Enforcement Division officer makes a written finding based on substantial evidence in the record that the construction of the ADU could have a specific, adverse impact on public health and safety. Nothing in Sec. 830.A.5.i.2. No Change of Occupancy prevents the City from changing the occupancy code of a space that was uninhabitable space or that was only permitted for nonresidential use and was subsequently converted for residential use in accordance with this section.

6. Specific ADU Requirements

The following requirements apply only to ADUs that require a building permit under Sec. 830.A.4.b. - Type 2 Building Permit Only , above.

a. Primary Dwelling Unit requirement

1. There must be a Primary Dwelling Unit located on the same lot as an ADU.

2. Where a Primary Dwelling Unit does not exist on a lot but is proposed, an ADU may be constructed concurrently with the construction of the Primary Dwelling Unit.

b. Unit Size

1. Lots less than 7,200 Square Feet in Area

The maximum size of a detached or attached ADU may not exceed 850 square feet for a studio or one bedroom unit or 1,000 square feet for a unit with two or more bedrooms.

2. Lots 7,200 Square Feet in Area or Greater

The maximum size of a detached or attached ADU may not exceed 1,200 square feet.

3. Relationship to Other Development Standards

Application of other development standards in Sec. 830.A.6. Specifc ADU Requirements , such as lot coverage, might further limit the size of the ADU, but no application of front yard, lot coverage, or open-space requirements may require the ADU to be less than 800 square feet.

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Accessory Dwelling Units

c. Coverage

The maximum coverage of the lot by all structures must not exceed the percentage established by the underlying zoning district.

d. Yards

1. Front Yard

The minimum front yard for an ADU must be established by the underlying zoning district, subject to Sec. 830.A.6.b.3. Relationship to Other Development Standards) , above.

2. Side Yard

The minimum side yard for an ADU must be established by the underlying zoning district or 4 feet, whichever is less.

3. Rear Yard

The minimum rear yard for an ADU must be established by the underlying zoning district or 4 feet, whichever is less.

4. No yard must be required for:

   • i. An existing living area.

   • ii. An existing accessory structure.

   • iii. A structure constructed in the same location and to the same dimensions as an existing structure that is converted to an ADU or to a portion of an ADU.

e. Landscaping

The minimum landscaping required must be established by the underlying zoning district.

f. Parking

1. No parking is required for any ADU.

2. If provided, parking spaces must be located on an approved surface only.

3. If provided, parking spaces must have a minimum dimension of 9 feet by 18 feet.

4. Tandem Parking

• i. If provided, tandem parking spaces must have a minimum dimension of 9 feet by 33 feet.

• ii. If provided, parking may be provided in yard areas or as Tandem Parking as defined in Sec. 830.A.3. Defnitions .

5. When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an accessory dwelling unit or, converted to an accessory dwelling unit, those off-street parking spaces are not required to be replaced.

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g. Architecture

The materials and colors of the exterior, including but not limited to walls, roof, window trim, doors, foundation, exposed rafters, knee braces, and decorative tile, must match the appearance and architectural design of those of the primary dwelling.

h. Manufactured or Prefabricated Structures

Nothing in this section prohibits the installation of manufactured or prefabricated structures that comply with Sec. 830.A.6.g. Architecture , above.

i. Exterior access

All ADUs must provide independent access to the exterior of the unit.

j. Passageways

No Passageway is required in conjunction with the construction of an ADU.

k. Certificate of Occupancy

1. In no case will an ADU be issued a certificate of occupancy prior to the issuance of a certificate of occupancy for the Primary Dwelling Unit.

2. A certificate of occupancy may be issued concurrently for both the Primary Dwelling Unit and the ADU.

7. Fees

a. Impact Fees

1. No impact fee is required for an ADU that is less than or equal to 749 square feet in area.

2. Any impact fee that is required for an ADU that is 750 square feet or larger in area must be charged proportionately in relation to the square footage of the primary dwelling unit. (E.g., the floor area of the primary dwelling, divided by the floor area of the ADU, times the typical fee amount charged for a new dwelling.) "Impact fee" here does not include any connection fee or capacity charge for water or sewer service.

b. Utility Fees and Connections

1. If an ADU is constructed with a new single-family home, a separate utility connection directly between the ADU and the utility and payment of the normal connection fee and capacity charge for a new dwelling are required.

2. With exception to Sec. 830.A.7.b.1. Utility Fees and Connections , above, converted ADUs on a single-family lot that are created under Sec. 830.A.4.a.1. Interior ADU on a Single-Unit Lot are not required to have a new or separate utility connection directly between the ADU and the utility. Nor is a connection fee or capacity charge required.

3. With exception to Sec. 830.A.7.b.1. Utility Fees and Connections , all ADUs that are not covered by Sec. 830.A.7.b.2. Utility Fees and Connections require a new, separate utility connection directly between the ADU and the utility.

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• i. The connection is subject to a connection fee or capacity charge that is proportionate to the burden created by the ADU based on either the floor area or the number of drainagefixture units values, as defined by the Uniform Plumbing Code, upon the water or sewer system.

• ii. The portion of the fee or charge that is charged by the City may not exceed the reasonable cost of providing this service.

8. Nonconforming Code Conditions, Violations, and Permitted Structures

a. General

The City will not deny an ADU or JADU application due to a nonconforming zoning condition, building code violation, or unpermitted structure on the lot that does not present a threat to the public health and safety and that is not affected by the construction of the ADU or JADU.

b. Unpermitted ADUs constructed before 2018

1. Permit to Legalize

As required by state law, the City may not deny a permit to legalize an existing but unpermitted ADU that was constructed before January 1, 2018, if denial is based on either of the following grounds:

• i. The ADU violates applicable building standards; or

• ii. The ADU does not comply with the California Government Code (Sec. 65852.2.) or Sec. 830.A. Accessory Dwelling Units .

2. Exceptions

• i. Notwithstanding Sec. 830.A.8.b.1. Permit to Legalize , above, the City may deny a permit to legalize an existing but unpermitted ADU that was constructed before January 1, 2018, if the City makes a finding that correcting a violation is necessary to protect the health and safety of the public or of occupants of the structure.

• ii. Sec. 830.A.8.b.1. Permit to Legalize , above, does not apply to a building that is deemed to be substandard in accordance with the California Health and Safety Code (Sec. 17920.3.) .

9. Discretionary Review

The following provisions only apply to ADUs that do not qualify for ministerial approval under Sec. 830.A.1. Purpose and Intent through Sec. 830.A.8. Nonconforming Code Conditions, Violations, and Permitted Structures , above:

a. Major Certificate of Appropriateness

A Major Certificate of Appropriateness must be required for an ADU that is located on real property that is listed in the California Register of Historical Resources or real property designated as a local historic landmark or within a designated historic district in the following instances in Sec. 830.A.9.a.1. Type 1 – Building Permit Only through Sec. 830.A.9.a.2. Type 2 - Building Permit Only , below. Review under the Major Certificate of Appropriateness must be limited to architecture only.

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1. Type 1 - Building Permit Only

• i. The construction of a new Interior ADU on single-unit lot whose architectural design would have adverse impacts on any real property that is listed in the California Register of Historical

• ii. Resources or real property designated as a local historic landmark or within a designated historic district.

• iii. The construction of any new Limited Detached ADU on single-unit lot.

• iv. The construction of any new Interior ADU on multi-unit lot whose architectural design would have adverse impacts on any real property that is listed in the California Register of Historical Resources.

• v. The construction of any new Limited Detached ADU on Multi-unit Lot.

2. Type 2 - Building Permit Only

• i. The construction of any new Interior ADU with an expansion of any size.

• ii. The construction of any new Attached ADU.

• iii. The construction of any new Detached ADU.

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Part 8 | Historic Preservation, Specific Plans, & Overlay Districts

SB 330 Overlay District

830.B. SB 330 Overlay District

1. Purpose and Intent

• a. On October 9, 2019, Senate Bill 330 (SB 330) also known as the Housing Crisis Act of 2019, was signed into law and later amended under SB 8 on September 16, 2021. Among the provisions adopted under SB 330, as amended, the California Government Code (Sec. 65589.5(j)(4)) allows Housing Development Projects to be developed on properties that are consistent with the objective general plan standards and criteria but the zoning for the project site is inconsistent with the general plan, while prohibiting the City from requiring a change of zone in these circumstances.

• b. The purpose of this section is to establish a mechanism to regulate the development of Housing Development Projects in areas where the adopted, objective General Plan development standards have not yet been implemented through either a change of zone, adoption of a specific plan, or specific plan amendment.

2. Applicability

Any new construction proposed to establish a Housing Development Project on any property located in the SB 330 Overlay District is subject to the provisions of this Section and is required to obtain approval of a Development Plan according to the procedures established under Sec. 1160.G. Development Plan .

3. Uses

• a. The SB 330 Overlay District supersedes all use permissions of the underlying zone for single family dwellings and multiple family dwellings uses only. All other use permissions and prohibitions must defer to the underlying zone district.

• b. Single family dwellings are considered a permitted primary use.

• c. Multiple family dwellings are considered a permitted primary use.

4. Development Standards

Property in the SB 330 Overlay District is subject to the following development standards, to the extent those development standards are applicable:

• a. Persuant to the California Government Code (Sec. 65589.5(j)(4)) , a housing development project must comply with the objective standards and criteria of the Zoning and Development Code which is consistent with the General Plan. However, the standards and criteria must be applied to facilitate and accommodate development at the density allowed on the site by the General Plan and proposed by the proposed housing development project.

e (Sec. 65589.5(j)(4)) , a housing development project must comply with the objective standards and criteria of the Zoning and Development Code which is consistent with the General Plan. However, the standards and criteria must be applied to facilitate and accommodate development at the density allowed on the site by the General Plan and proposed by the proposed housing development project.

• b. The SB 330 Overlay District's development standards supersede all existing development standards established by the underlying zoning district for residential uses that meet the definition of a Housing Development Project. In instances where there are no existing development standards for residential uses, the SB 330 Overlay District development standards apply.

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• c. Maximum number of floors and density standards established in the base Transect Zone designation established in the General Plan , supersede the maximum number of floors and density standards established in the underlying districts.

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Part 8 | Historic Preservation, Specific Plans, & Overlay Districts

AB 2097 Overlay District

830.C. AB 2097 Overlay District

1. Purpose and Intent

• a. On September 22, 2022, Assembly Bill 2097 (AB 2097) was signed into law. The provisions adopted under AB 2097 amended the California Government Code (Sec. 65585. and 65863.2.) to prohibit the City from imposing any minimum automobile parking requirement on any residential, commercial, or other development project located within one-half mile of public transit.

• b. The purpose of this section is to establish a mechanism to regulate parking minimum reduction in areas where AB 2097 is applicable.

2. Applicability

Any project activity required to provide on-site parking pursuant to Sec. 610.C.3.a. Required Parking on any property located within one-half mile of public transit as defined in the California Public Resources Code (Sec. 21155.) .

3. Procedures

Sec. 1110. Application Filing and Processing .

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Adopted July 1, 2024