HomeMy WebLinkAboutDPR Reso 14-002 5 j
CDD RESOLUTION NO. 14-002
DECISION AND FINDINGS OF FACT BY DIRECTOR OF COMMUNITY
DEVELOPMENT OF THE CITY OF POMONA, CALIFORNIA
APPROVING DEVELOPMENT PLAN REVIEW 2014-002 FOR THE
DEVELOPMENT OF 24 DETACHED, 2-STORY, SINGLE-FAMILY
RESIDENCES AND, 9 ATTACHED, 3-STORY TOWNHObIES ON A
122,202 SQUARE-FOOT (2.81 ACRES) LOT ON PROPERTY LOCATED
AT 2075 AND 2093 N. GAREY AVENUE
The applicant, Sheldon Development, LLC, has filed an application for Development
Plan Review for the development of 24 detached, 2-story, single-family residences and, 9
attached, 3-story townhomes on a 122,202 square-foot (2.81 acres) lot on property located at
2075 &2493 N. Garey Avenue;
The request includes deviations from the development standards of the Corridors Specific
Plan to allow reductions in the minimum required side yard, rear yard, and alley setbacks;
The 33-unit residential development will revitalize an existing vacant and underused site
with a development that responds to diverse community needs in terms of housing types, costs
and location, emphasizing locations near services and transit that promote walkability;
The subject site is currently zoned Pomona Corridors Specific Plan "Workplace Gateway
Segment", and designated "Neighborhood Edge" by the City's General Plan;
The Community Development Director held a hearing on September 25, 2014,
concerning the requested applications;
The Community Development Director has carefully considered all pertinent testimony
offered in the ease as presented at the hearing;
The Community Development Director exercising independent judgment has determined
that, pursuant to the Guidelines for Implementation of the California Environmental Quality Act
(CEQA), this action as defined is Categorically Exempt under Section 15332, Class 32 (Infill
Development Projects) from further environmental review in that the proposed project involves
the development of a 33-unit residential development on a previously developed less than five-
acre vacant lot, located within an urbanized area that can adequately be served by all required
utilities and public services; and
The Community Development Director of the City of Pomona, California APPROVES
the proposed project and makes the following findings of fact:
The project is consistent with the City's General Plan and all applicable requirements of the
City Code.
The City of Pomona General Plan designates 2075 and 2093 N. Garey Avenue as a Place Type of
"Neighborhood Edge". Neighborhood Edges are defined as major vehicular corridors that
traverse the City which are artifacts of the pre freeway pattern of development and now the vision
of the General Plan represents opportunities for intensification, mixed-use development and
streetscape enhancements. These edges will accommodate larger scale development that is more
suitable for wider, more heavily trafficked roads and will function as buffers for residential
neighborhoods behind them. Garey Avenue will play a prominent role as a majority north-south
City spine, with land use variation reflecting the diversity of place types and activity occurring
along the corridor (Downtown, historic neighborhoods, freeway access, medical district, school,
etc.).
The project will not be detrimental to the general welfare of persons working or residing in
the vicinity nor detrimental to the value of the property and improvements in the
neighborhood.
The project to construct 33 residential ownership units is proposed far a 2.8.1-acre parcel that has
been vacant, underutilized, and currently creating substandard conditions for the surrounding
neighborhood. A substantial financial investment to create a high quality, well designed facility
will improve property values and the visual aesthetics in the neighborhood. The project site is
separated from the nearest adjacent residential developments to the south and east by over lap
feet, providing an adequate buffer from any potential impacts. The project includes the provision
of a small public shade cornet, playground, picnic facilities, and private yards to accommodate
associated residents with recreational opportunities that will not contribute and unnecessarily
strain existing community and neighborhood park facilities by the nominal increase in population
size. The project is not anticipated to generate traffic, demand for parking, or other impacts
detrimental to surrounding properties and inconsistent with the subject property's zoning.
The project will not adversely affect the Circulation Plan of the Corridors Specific Plan.
The subject parcel is located with frontage along N. Garey Avenue and La Verne Avenue and
provides primary vehicular and pedestrian access from La Verne Avenue. The Traffic and
Transportation Division of the City of Pomona Public Works Department has reviewed the off-site
and on-site circulation and has recommended approval of the circulation design of this project.
The project also allows pedestrian access along N. Garey Avenue in compliance with the publically
accessible open space requirements set forth within the Corridors Specific Plan.
The project complies with the applicable provisions of the Pomona Corridors Specific Plan
and other applicable regulations.
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The project design has been reviewed and determined to meet all applicable provisions of the
Pomona Corridors .specific Plan and other applicable regulations with exception of the requested
deviations from the development standards to allow reductions in the minimum required side, rear,
and alley setbacks. The City of Pomona Planning Commission has reviewed and approved the
requested deviations and determined them to be adequate for the proposed land use.
The Request for Deviation is consistent with the intent of the Specific Plan and otherwise
meets the required findings of a Development Plan Review.
The granting of Request for Deviation for reductions in the minimum required side, rear, and alley
setbacks will result in greater benefits from the project and will promote a better living
environment with a design that allows additional architectural enhancements along all building
faVades, greater pedestrian mobility, and a gradual transition between higher density development
and adjacent single-family neighborhoods. The reduction in the side and rear yards result from the
small lot configuration for lots located within the interior portion of the development. A 2-foot
reduction along the side and rear yards affords the units the opportunity to provide sufficient floor
area to appropriately accommodate a typical sized family. .Furthermore, the reduction in the rear
yard setback affords greater fagade enhancements, thereby allowing elevation offsets that minimize
the overall mass and scale of the rear facade. Lastly, the reduced setback along the private
alleyways will allow for a pedestrian sidewalk on one-side of the roadway to create greater
pedestrian mobility to the tot lot, including the adjacent public right-of-way.
Based upon the above findings, the Community Development Director hereby approves
Development Plan Review 2014-002 subject to compliance with all applicable laws and
ordinances of the City as well as the addition of the following conditions, violations of which (or
failure to complete any of which) shall constitute grounds for revocation of the Development
Plan Review or any portion thereof-
PLANNING
hereofPLANNING DIVISION
General Conditions
1. The subject property shall be developed and/or used in a manner consistent with the
project plans reviewed and approved by the Community Development Director on
September 25, 2014, and as illustrated in the stamped approved plans. Any major
modifications to the approved project plans shall be reviewed and approved by the
Planning Division as part of a modification to the approved plans. Any minor
modifications that do not affect the overall intent of the approved project, may be
reviewed and approved by the Planning Manager.
2. This approval shall lapse and become void if construction has not commenced under a
valid building permit, within one (1) year from the date of this approval (September 25,
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2015), in accordance with Pomona Corridors Specific Plan Section 2.0.5A(6). The
Planning Division may extend this period for a maximum of two, one (1) year extensions
upon receipt of an application for a Time Extension request submitted by the applicant at
least thirty days before the expiration date of this approval, consistent with CSP Section
2.0.5(A)6.
3. The applicant shall include all conditions of approval from Development Plan Review
2014-002 related to the project which shall be placed on the title sheet of construction
plans prior to plan check submittal.
4. The applicant shall submit construction drawings for plan check to all required City of
Pomona departments plans shall be consistent with all required development standards
outlined in the Corridors Specific Plan Section 2.1.8 Workplace Gateway Segment
outlined in Section 2.1.8.A Development Standards Chart, unless deviations expressly
approved through the Conditions of Approval or within the allowed deviations allowed
under section 2.0.5E.
5. The project is subject to a ten day appeal period. Written appeals may be filed with the
City Clerk within ten days by one or more City Council members or the applicant. The
appeal shall be filed with the City Clerk within ten days from the date of action by the
Community Development Director.
6. The applicant shall indemnify,protect, defend, and hold harmless, the City, and/or any of
its officials, officers, employees, agents, departments, agencies, and instrumentalities
thereof, from any and all claims, demands, law suits, writs of mandamus, and other
actions and proceedings (whether legal, equitable, declaratory, administrative or
adjudicatory in nature), and alternative dispute resolutions procedures (including, but not
limited to arbitrations, mediations, and other such procedures), (collectively „Actions"),
brought against the City, and/or any of its officials, officers, employees, agents,
departments, agencies, and instrumentalities thereof, that challenge, attack, or seek to
modify, set aside, void, or annul, the any action of, or any permit or approval issued by,
the City and/or any of its officials, officers, employees, agents, departments, agencies,
and instrumentalities thereof(including actions approved by the voters of the City), for or
concerning the project, whether such Actions are brought under the California
Environmental Quality Act, the Planning and Zoning Law, the Subdivisions Map Act,
Code of Civil Procedure Section 1085 or 1094.5, or any other state, federal, or local
statute, law, ordinance, rule, regulation, or any decision of a court of competent
jurisdiction. It is expressly agreed that the City shall have the right to approve, which
approval will not be unreasonably withheld, the legal counsel providing the City's
defense, and that applicant shall reimburse City for any costs and expenses directly and
necessarily incurred by the City in the course of the defense. City shall promptly notify
the applicant of any Action brought and City shall cooperate with applicant in the
defense of the Action.
7. In case of violation of any of the conditions of approval or City law, the property owner
and tenant will be issued a Notice of Correction. If said violation is not remedied within a
reasonable period of time and/or a subsequent violations of the conditions of approval
and/or City law occurs within ninety days of any Notice of Correction, the property
owner shall be held responsible to reimburse the City for all staff time directly
attributable to enforcement of the conditions of approval and/or City law, including, but
not limited to,revocation of the herein conditional use permit.
8. Prior to the issuance of building permits, landscape and irrigation plans shall be prepared
by a licensed landscape architect and presented to the Planning Division for review and
approval. Landscaping to include a variation of trees, shrubs, vines and ground covers,
shall be installed and permanently maintained in all common areas of the project site, and
shall be in substantial conformance to the conceptual landscaping plan submitted as part
of the Development Plan Review process. The plans shall conform to the State Model
Water Efficient Landscape Ordinance per AB 1881 and landscape requirements
contained in the Corridors Specific Plan and applicable portions of Section .5034 of the
Pomona Zoning Ordinance. A landscaping maintenance bond shall be required and held
for a period of one year to ensure the project's compliance with the approved
landscaping. Amount shall be determined by the Planning Manager.
9. Prior to issuance of building permits, the applicant shall submit, concurrently with the
Plan Check process, and obtain the approval from the Planning Division of a lighting
plan (photometric) demonstrating a minimum one foot-candle of illumination of
parking, driveway, walkways, and common areas. The lighting plan shall include a site
plan showing the locations of ground-mounted and building-mounted light fixtures,
design and photometric information on fixtures, and shielding to orient light away from
adjacent properties and buildings.
10. The applicant shall conform to Section .5809-24 of the Pomona Zoning Ordinance
pertaining to public art requirements for private development by complying with one of
the following two options:
a) Placement of an approved Public Art on the Project site.
i) The Applicant may decide to place an approved Public Art on a private
development site. The Public Art, and all eligible expenditures associated with
installation of the Public Art (as described in the Manual), shall be in an amount
equal to or in excess of the Public Art Allocation.
ii) A Final Design Plan of the Public Art to he installed on Project site shall be
approved by the Commission before issuance of a building or grading permit for
the Project.
iii) The Public Art shall be installed on the Project site before issuance of a
Certificate of occupancy, including any temporary Certificate of Occupancy, for
the Project. In cases where the Public Art cannot be installed on the Project site
before issuance of a Certificate of Occupancy, the Applicant may post a cash
bond to assure installation of the Public Art. The cash bond shall be in an amount
equal to the Public Art Allocation or an amount based on any remaining,
unexpended artwork budget as determined by the Community Development
Director. The bond shall not be released until the Public Art has been completed
and installed on the Project site in accordance with the approved Final Design
Plan.
b) Payment of an In-lieu Contribution.
i) Rather than place an approved Public Art on the Project site, the Applicant may
choose to pay an In-lieu Contribution. The In-lieu Contribution shall be
submitted to the City and deposited into the Public Art Fund before issuance of
any building or grading permit for the Project.
ii) Use of In-lieu Contributions shall comply with the following:
(1) In-lieu Contributions shall be used for the acquisition and installation of
Public Art on public or private property in the City, except that up to 1/3 of
the In-lieu Contribution may be used for maintenance of the proposed Public
Art or an existing Public Art that is Iisted on the City's registry of Public
Art.
(2) In-lieu Contributions may be aggregated with other funds contained in the
Public Art Fund for the purpose of providing a single qualifying Public
Art project.
11. The site plan shall include all utility apparatus, such as but not limited to, backflow
devices and Edison transformers. Utility meters shall be screened from view from public
right-of-ways. Backfiow prevention devices shall be not be located in the front yard
setback and shall be screened from view.
12. The site plan and elevations shall include the location of all gas meters, water meters,
electrical panels, air conditioning units, mailboxes (as approved by the United States
Postal Service), and similar items, If located on a building, they shall be architecturally
integrated with the design of the building, non-obtrusive, not interfere with sidewalk
areas and comply with required setbacks.
13. Any building elevations visible from public view or along the periphery of the
development shall be architecturally enhanced in a similar fashion to the front elevations
(i.e., enhanced window and door treatments and contrasting building materials).
14. Prior to the issuance of building permits, cut-sheets for the "public shade corner"
furniture and tot lot furniture shall be incorporated into the building plan check submittal,
subject to Planning Manager review and approval.
15. Prior to the issuance of building permits, Planning Manager approval, daring the Plan
Check process, shall be obtained for the design and materials of the hardscape decorative
paving to be installed within the "public shade corner" and tot lot areas.
16. The majority of the hardscape within the interior of the development, shall be provided
with decorative elements to include, but not limited to, patterned stained/colored
concrete, stamped concrete, stone, concrete overlays or other similar treatment.
17. The installation of fences and walls that were not contemplated as part of this permit will
require the submittal of a "Fence and Wall Permit" for review and approval by the
Planning Division.
18. The garage doors shall be provided with enhanced material, finishes and design. Prior to
the issuance of building permits, Planning Manager approval, during the Plan Check
process, shall be obtained for the design of the garage doors.
19. Blockwall/fencing plans (including a site plan, section drawings, and elevations depicting
the height and material of all retaining walls, walls, and fences) consistent with the
grading plan shall be submitted to an approved by the Planning Division. Double walls
shall be avoided to the greatest extent feasible. The applicant shall coordinate with
adjacent property owners and make reasonable attempts to construct one common
property line wall. if coordination between property owners cannot be accomplished, the
applicant shall construct up to a six (6) foot high decorative wall located entirely within
the subject property. Prior to construction of any new walls, a plan must be submitted
identifying the removal of any existing walls located on the subject property. Any
removal of walls on private residential property and construction of new common walls
shall include approval by the property owners of adjacent property. The plans shall
identify materials, seep holes and drainage.
20. During demolition, grading, site development, and/or construction, all requirements of
the Pomona Zoning Ordinance and Municipal Code including the noise provisions shall
be adhered to. All activities including truck deliveries associated with construction,
grading, be limited to Monday through Saturday, between 7:00 AM and 8:00 PM, and
provided the noise level created by such activities do not exceed the noise standard of 65
dB(A) plus the limits specified in section 18-311(b) as measured on residential property
and any vibration created does not endanger the public health, welfare and safety.
21. There shall be no activity conducted on the subject site that exceeds the noise and
vibration parameters of Pomona City Code Section 18-301, et seq., and City Council
Ordinance No. 3939 at any time, or such other ordinance enacted related to noise and
vibration.
22. The construction area shall be kept clean at all times prior to, during, and after
construction.
23. The property owner or homeowners association shall remove any graffiti on the project
site within 24 hours of discovery. The paint utilized to cover the graffiti must
substantially match the existing structure. In the event that the paint finish of the abated
area is noticeably distinguishable from the rest of the structure, the property owner shall
paint additional portions of the building to minimize the disparity, subject to the approval
of the Planning Manager.
24. Prior to issuance of building occupancy for the first residential unit, the associated
application fee for Development Plan Review shall be paid in full to the City of Pomona.
25. The property owner or homeowners association shall provide regular maintenance and
cleaning of all exterior walkways, patios, canopies, sidewalks, and landscaped parkways
in compliance with Pomona City Code 62-351.
26. Conceptual Floor Plans 1 and 2 shall be revised to accurately reflect the building
setbacks depicted on the Conceptual Site Plan.
27. The private front yard patio areas for the units abutting N. Garcy and La Verne Avenues
shall be kept free and clear of any unnecessary debris and maintained in an orderly
fashion at all times.
28. All landscaping shall be maintained in a neat and clean manner, and in conformance with
the approval of Development Plan Review 2014-002. Prior to removing or replacing any
landscaped areas, check with the Planning Division. Substantial changes may require
approval by the Planning Commission.
29. The final action of Development Plan Review 2014-002 shall be contingent upon final
approval of Tentative Tract Map 2014-006 (Tentative Tract Map 72908). In the event
Tentative Tract Map is denied, approval of Development Plan Review 2014-002 shall be
deemed to be null and void.
30. Comply with all applicable Tentative Tract Map 06-2014 conditions of approval,
COMMUNITY DEV P P --BLIIDING AND S FET DIVISION
31, The design must be reviewed and stamped by an architect licensed in the State of
California
—(Business and Professions code Sections 5537, 5538 and 6737.1).
32. A building permit shall be obtained for the proposed construction and site development.
The design of the building shall comply the 2013 California Building Code, Chapters 3,
5, 6, 7, 9,10, 11, 12, 14, 15 and 25 for non-constructional provisions and Chapter 16, 17,
18, 19, 21,22 and 23 for structural provisions, or such other building code applicable at
the time of issuance of permits by the City of Pomona Building and Safety Division.
33. All grading shall conform to the 2013 California Building Code, Appendix. J, and all
other relevant laws, ordinances and resolutions governing grading as adopted by the City
of Pomona. The applicant shall obtain a grading permit from the Building & Safety
Division prior to commencing any grading or site evacuation.
34. Geotechnical and/or soils reports required in order to obtain a grading permit shall be
submitted to the Building Official for review and approval prior to issuance of a grading
permit. All grading shall be in conformance with the recommendations of the
geotechnical/soils reports as approved by the City of Pomona.
35. All proposed electrical work shall comply with the 2013 California Energy Code and all
other relevant laws, ordinances and resolutions governing Energy conservation as
adopted by the City of Pomona.
36. All proposed electrical work shall comply with the 2013 California Electrical Code, and
all other relevant laws, ordinances, and resolutions governing electrical as adopted by the
City of Pomona.
37. All proposed mechanical work shall comply with the provisions of the 2013 California
Mechanical Code, and all other relevant laws, ordinances, and resolutions governing
mechanical as adopted by the City of Pomona.
38. All proposed plumbing work shall comply with the provisions of the 2013 California
Plumbing Code, and all other relevant laws, ordinances, and resolutions governing
plumbing as adopted by the City of Pomona.
39. Proposed project shall comply with the 2013 California Green Building Standard Code
and all other relevant laws, ordinances, and resolutions governing sustainable design as
adopted by the City of Pomona.
FIRE DEPARTMENT
40. If security gates are provided, maintain a minimum access width of 20 feet ingress and
20 feet egress. The security gate shall be provided with an approved means of
emergency operation, and shall be maintained operational at all times and replaced or
repaired when defective. Electric gate operators, where provided, shall be listed in
accordance with UL 325. Gates intended for automatic operation shall be designed,
constructed and installed to comply with the requirements of ASTM F220. Gates shall
be of the swinging or sliding type. Construction of gates shall be of materials that allow
manual operation by one person. Fire Code 503.6. Submit complete detail of the
proposed gate prior clearance of the Final Map.
41. Fire Department apparatus access shall be extended to within 150 feet of all portions of
the exterior walls of any future buildings or structures. Verification for compliance will
be performed during the architectural plan review prior to building permit issuance.
42. All proposed streets within this development shall provide approved street names and
signs. All future buildings shall provide approved address numbers. Compliance
required prior to occupancy to the satisfaction of the Department of Public Works and the
County of Los Angeles Fire Code.
43. All fire lanes shall be clear of all encroachments, and shall be maintained in accordance
with the Title 32, County of Los Angeles Fire Code.
44. Provide a minimum unobstructed width of 26 feet, exclusive of shoulders, except for
approved security gates in accordance with Section 503.6, and an unobstructed vertical
clearance "clear to sky" Fire Department vehicular access to within 150 feet of all
portions of the exterior walls of the first story of the building, as measured by an
approved route around the exterior of the building Fire Code 503.1.1 & 503.2.2.
45. Install 3 public fire hydrants).
46. All hydrants shall measure 6"x 4"x 2-112" brass or bronze, conforming to current
AWWA standard C503 or approved equal
47. The required fire flow for the public fire hydrants on this residential development is 2000
gallons per minute at 20 psi for a duration of 2 hours, over and above maximum daily
domestic demand.
48. Vehicular access must be provided and maintained serviceable throughout construction to
all required fire hydrants. All required fire hydrants shall be installed, tested, and
accepted prior to construction
49. Parking shall be restricted 30 feet adjacent to any required public fire hydrant, 15 feet on
each side measured from the center of the fire hydrant. Adequate signage and/or
stripping shall be required prior to occupancy.
P BLI W K DEPARTMENT
50. The development's tentative tract map shall be recorded as one final tract map and
developed as one tract. The issuance of the grading and building permits as well as posting
the financial security for all public improvements shall be coordinated and comply with the
conditions of approval of the final map.
51. Applicant/Developer shall submit the grading, drainage and erosion control plans for
review and approval by the Public Works, Planning and Building and Safety Departments.
a) The scale used for the plans needs to be large enough (1"= 10' is preferred) to clearly
show all the details.
b) One-foot topographic contours of the site must extend a minimum of 15 feet beyond
the boundary lines.
c) The plans shall include sufficient cross sections to show all block wall locations,
parkway width and all permanent facilities that might require maintenance and access
easements.
d) Drainage configurations on the existing adjacent properties shall not be altered,
redirected or modified in any way.
52. Prior to issuance of the grading permit the Applicant/Developer shall submit written
notifications of adjacent property owners regarding the direct and indirect impact
associated with the proposed construction. The notification shall include a statement
confirming that the existing public services (sewer, water, storm drain) to adjacent
property owners will not be affected by the proposed development.
53. Prior to the issuance of the grading permit the applicant/developer shall provide non-
interference letters from all applicable utility agencies for all utility easements located
within the areas subject to grading activities. All such documents shall be subject to review
and approval by the City Engineer.
54. Prior to issuance of the grading permit the Applicant/Developer shall submit a soils and
geologic report to address the soil's stability, infiltration rate and geological conditions of
the site.
55. Applicant/Developer shall submit public street improvement plans to include the
following:
a) New driveway approach along La Verne Avenue, to comply with the City standards
and ADA requirements.
b) Removal of the property driveway aprons along Garey Avenue.
c) New sidewalk, curb and gutter along the Garey and La Verne Avenues property
frontages.
d) Landscaped parkway along the Garey and La Verne Avenues lot frontages, to be
maintained by the Home Owners Association (HOA), in compliance with Pomona
Municipal Code Section 46-496. A Iandscape maintenance agreement easement shall
be granted by the property owner(s)to the HOA.
e) ADA Compliant curb ramp at the southwest corner of La Verne and Garey Avenues.
f) Overlay paving of the entire La Verne Avenue width, from the westerly property line
to the westerly crossing of the La Verne/Carey Avenues intersection, in compliance
with City Standard A-26-02, Case III (Pavement Moratorium).
g) Overlay paving of Garey Avenue from curb to street centerline. If the required utility
trenching crosses the centerline, the Applicant/Developer shall pay an in-lieu fee for
the overlay paving of the entire Garey Avenue width, corresponding to the lot frontage.
h) Removal and replacement of the unstable metal lid of the GTE underground equipment
vault located within the La Verne Avenue sidewalk area. Applicant/Developer shall
coordinate the work with the utility company.
i) Existing sewer, water and storm drain infrastructure, including laterals.
j) Site runoff shall be intercepted on site and directed to the public storm drain system by
use of parkway drains built in compliance with the City standards.
k) Unobstructed visibility shall be ensured at all intersections along the project
boundaries.
1) Note: "It is the owner's and the contractor's responsibility to repair all damage to the
existing public improvements due to the proposed construction activities and to address
all repairs requested by the Public Works Inspector based on the inspector's review of
the current condition of the said public improvements".
in) The demolition or relocation of all public improvements (street lights, signs, trees,
vaults, catch basins, hydrants, etc.) due to the proposed project construction must be
coordinated and agreed upon by the appropriate City departments, shall be designed
per City standards and applicable ADA requirements, and must be reviewed and
approved by the Engineering Division of the Public Works Department.
56. Prior to approval of any improvement plans and/or grading permit issuance
Applicant/Developer shall prepare a detailed hydrology study based on a 50-year storm
event and a hydraulic analysis of the existing and proposed drainage conveyance capacity.
The Developer is responsible to comply with the approved hydrology/hydraulic study
recommendations necessary to meet minimum Federal, State, County and City
requirements.
57. In recognition of the need to address traffic conditions generated by cumulative
development along the Corridor Specific Plan (CSP) areas, Applicant/Developer is
responsible for the project's compliance with the CSP requirements and shall participate in
a CSP assessment district, or similar fair and appropriate mechanism, to provide funds for
maintaining and augmenting public improvements, should such a mechanism be
established by the City. Applicant/Developer shall pay the applicable CSP in-lieu fee for
public improvements required as part of this project, presently estimated as detailed below;
only one of the fees needs to be paid, as appropriate:
a) $252,948; this amount includes the in-lieu fee payment for the overlay paving of the
entire width of Garey Avenue along the lot frontage, required if utility trenching work
crosses Garey Avenue centerline; or,
b) $196,212; this amount does not include the overlay paving work on Garey Avenue;
Applicant/Developer is responsible for the completion of the overlay paving of Garey
Avenue, from curb to centerline, as part of the project.
Said fees are subject to the City Council review and approval in a forthcoming mitigation
fee resolution.
58. All improvements to the City's water system shall be installed at the Developer's expense
in accordance with the provisions of the City of Pomona Water Code, Construction
Standards and the Federal, State and County Public Health requirements, including payment
of all required plan check fees, bonds, connection fees, water meter setting fees and all
additional water facilities advance payments. Public water facilities that are existing or
proposed to be installed on private property must be approved by the City Engineer prior to
the issuance of the grading permit.
59. Prior to the approval of the water improvement plans Applicant/Developer shall calculate
the new water demand (based on fixture units) to verify that the proposed service(s) can
provide the water demand given the size, pressure, and distance of these services from the
proposed buildings. This calculation shall include fire and domestic water demands. This
calculation shall be submitted to the Water Operations Division of the Public Works
Department.
If verification of static pressure e is desired, it may be obtained by requesting afire hydrant
flow test from the Public Works Department. The localized approximate static pressure for
the proposed project area is 65-70 psi.
The proposed public water improvement plans shall include:
a) All existing and new utilities, including existing and proposed water facilities, water
services and water easements:
i. One (1) twelve-inch(12") DIP water main within Garey Avenue.
ii. One(1) six-inch (6") ACP water main in Garey Avenue.
iii. One (1) eight-inch (8") ACP water main in La Verne.
iv. Three separate water meters serving the existing property within the
proposed project lot. The existing water meter services are identified as
follows:
1. 2075 N. Garey Avenue— I"meter
2. 2090 N. Garey Avenue— 1.5"meter
3. 2093 N. Garey Avenue— I"meter
4. These meters may continue to be used for domestic service for this
site. if these meters will not be used, notify the City of Pomona.
v. There are public fire hydrants within 500 feet of the proposed project site.
b) All existing private/public infrastructure and water facilities adjacent to and affecting
the development property including all underground utility connections.
c) The Applicant/Developer shall install a master meter to serve the proposed
development. The City will not maintain any separate sub-meters) on private
property.
d) All proposed master meters shall conform to Standard Drawing numbers 13A-2, 13B-2
and 13C of the City of Pomona Water Division Standard Specifications for Water
Facility Construction, January 2006 as applicable. Contact Public Works for a list of
acceptable master meter manufacturers and models. Meter(s) shall not be placed in
driveways, parking spaces or obstructed by walls. City of Pomona shall be provided
an easement for maintenance access.
e) All proposed onsite hydrants shall be private and be painted red.
fj Water Development plans are for public water improvements only; all private water
improvements shall be addressed separately; any private onsite water improvements
are the owner's responsibility and not the City's.
g) Property address, legal description, property lines, street centerline, curb-line, existing
and proposed utility easements, and right-of-way with dimensions.
Additionally, the existing water infrastructure shall be shown on the site plan.
60. The edge of all new meter vaults, if necessary, should be located in public right-of-way or
the sidewalk two inches (2") from the back of the curb per Standard No.'s I 1 and 12 of the
City of Pomona Water Division Standard Specifications for Water Facility Construction,
January 2006 Meter(s) cannot be placed in driveways, parking spaces or within the
property line, to allow City personnel access to these meters for future maintenance.
61. Due to 2010 State of California Residential Code (Title 24) regulations, all new single-
family homes shall be equipped with residential fire sprinklers. Please contact the Public
Works Department at(909) 620-2212 for further information.
62. All newly installed water lines shall be disinfected per the City of Pomona Vater Division
Standard Specifications for Water Facility Construction, January 2006 before connection
to the existing water main.
63. The City will install meters less than 2 inches in size. The Contractor for the project is
responsible for installing meters greater than 2 inches in the public right-of-way.
64. All project related trench repairs in City maintained streets shall be per City Standard A-26-
02. Following completion of all street/utility work, and prior to the issuance of the
Certificate of Occupancy Applicant/Developer shall be required to repair all affected lanes
of development street frontages to a condition "as good or better" as required per City
Standard A-26-02,
65. All public water facilities located on private property must be installed within a City of
Pomona easement of minimum 15-foot width, and will be maintained by the City.
Applicant/Developer shall not place buildings, structures or trees on any related water
casements, nor within 7 % feet of any City maintained water main without prior approval
from the City.
66. Access to City water facilities for water operation crews shall be made available at all time
for servicing and maintaining the water system and for reading water meters.
67. Easement rights shall hold the City harmless for removal and/or damage to the development
improvements within easements during maintenance to, replacement of and/or operation of
public water facilities.
68. Prior to the issuance of the Certificate of Occupancy Applicant/Developer is responsible for
installing approved Reduced Pressure Backflow Preventers (list brand and model) for the
following water lines to the site:
a) Reduced principal pressure devices are required for all domestic services;
b) Reduced principal pressure devices are required for all dedicated irrigation service
lines to the proposed site;
c) Double check detector assembly devices for all fire sprinkler service lines, and onsite
mains serving solely hydrants.
69. Prior to the approval of the water improvement plans the Applicant/Developer shall meet all
requirements of the Los Angeles County Fire Department (LACFD). Applicant/Developer
shall contact LACFD to determine if additional fire hydrants are needed for the proposed
development. Any new fire hydrants must be placed at least five (5) feet from proposed
driveways and off of parking spaces. Proof of LACFD approval is required prior to the
final water improvement plan submittal to the Public Works Department. Contact the
LACFD for information at (909) 620-2402.
70. Prior to approval of project's improvement plans, the Applicant/Developer shall submit
calculations of the expected wastewater generated by the proposed development, to
properly size the sewer lateral(s) to serve the new site. Due to the additional discharge
volume anticipated by this development, the applicant/developer shall conduct a flow meter
study for the existing 8" sewer main within the alley northwest of the proposed site. Please
submit a flow test report for the existing manhole closest to the proposed point(s) of
connection. This flow test report shall be submitted to the Water & Wastewater Operation
Division for review and acceptance.
71. Prior to issuance of the building permit Applicant/Developer shall submit sewer
improvement plans for review and approval by the Public Works Department. The sewer
plans must include the following items:
a) The existing sewer infrastructure and applicable easements (min. 15 ft width):
i. One (1) fifteen-inch (15") VCP Sanitation Districts of Los Angeles County
(SDLAC) sewer main in Garey Avenue.
ii. One (1) eight-inch (8") VCP sewer main within the existing public alley
northwest of the proposed site.
b) The Applicant/Developer may connect to either the SDLAC fifteen-inch VCP sewer
main in Garey Avenue or the eight-inch VCP sewer main in the alley. If the
connection to the SDLAC line in Garey is chosen,then the following is required:
i. A new City maintained manhole shall be constructed at the eastern property
line boundary of the project.
ii. The portion of main from the new City maintained manhole to the SDLAC
main point of connection shall be considered public and maintained by the
City.
The developer shall cut and cap a portion of the existing 8" VCP main in the
alley and install a clean out. The remainder of sewer main south of the
property boundary shall remain in place to continue to serve the existing
tenant at 2055 N. Garey Avenue.
c) The proposed sewer laterals with a profile and connection to the existing sewer laterals
and sewer main
d) The sewer lateral separation distances, relative to water mains, shall comply with
California Code of Regulations, Title 22.
e) Construction. Notes to include the following: The Contractor shall provide all
temporary seals enclosures, forced ventilation or other devices as maybe necessary to
prevent odor nuisance and solid objects from entering the existing sewer line during
construction.
Additionally, the existing sewer infrastructure shall be shown on the site plan.
72. The sewer laterals from the public main to the site are considered private and shall be
maintained by the property owners.
73. There shall be no public sewer infrastructure within private streets. All proposed sewer
main onsite shall be privately maintained.
74. New sewer laterals must be constructed per Standard No. B-8-61 per City of Pomona Public
Works Department Standard Drawings August 2011 (Public Works Standards).
Construction shall also comply with Standard No. A-26-02 per the Public Works Standards.
75. Prior to the issuance of the building permit Applicant/Developer is responsible for the
payment of all applicable City sewer connection fees and shall make proof of payment of
the Los Angeles County Sanitation District fees associated with the proposed development.
76. Effective January 1, 2014, the City has adopted new service charges for water and sewer
services. For further information on how charges are assessed, contact the City's Public
Works Business Services Division at 909-620-2241. For information on meter installation
fees contact the Public Works Department at (909) 620-228 L
77. If future placement of permanent structures ctures conflicts with location of existing public
utilities (water, sewer and storm drain), then improvement plans proposing the relocation or
abandonment of identified utilities must be submitted, reviewed and accepted by the Public
Works Department. No public utility infrastructure shall be removed or modified as part of
the onsite demolition plan approved by the Building and Safety Department.
78. The final improvement plans, as shown on the Mylar, shall be provided to the City in both
hard copy and electronic in AutoCAD v. 2010. Following construction and prior to
acceptance of the improvements by the City, the project engineer shall provide hand drafted
"AS BUILT" corrections on the original approved Mylars of the final constructed
improvements to the satisfaction of the City Engineer. A corrected "AS BUILT" plan shall
also be provided to the City on disk in AutoCAD v. 2010 and .pdf formats.
79. Prior to issuance of the grading permit Applicant/Developer shall develop and obtain City
approval of the final Standard Urban Stormwater Mitigation Plan (SUSMP) for the
proposed project. The SUSMP shall be prepared in accordance with the City of Pomona's
Low Impact Development (LID) Ordinance, the City of Pomona's Green Streets Policy and
the Los Angeles Region NPDES MS4 Permit No. CAS004001, Order No. R4-2012-0175
which includes:
e Site Design BMPs;
Source Control BMPs;
® Treatment Control BMPs; and
Utilize the County of Los Angeles Department of Public Works LID Standards Manual
(Published February 2014) as a guidance document for the design of applicable BMPs
proposed for your project.
Post-construction Structural and/or Treatment Control BMPs shall be designed to mitigate
(infiltrate or harvest and use) storm water run-off from the 85th percentile, 24-hour rain
event or 0.75-inch, 24-hour rain event, whichever is greater. The results of infiltration
testing shall be provided as part of the SUSMP submittal.
The applicant shall implement Good Housekeeping Best Management Practices (BMPs) for
the site to ensure that pollutants are not discharged to the municipal storm drain system
during construction and throughout occupancy.
80. The project involves soil-disturbing activities in excess of 1 acre therefore the project
applicant shall apply for a State General Construction Permit (Order No. CAS000002) and
submit a Stormwater Pollution Prevention Plan (SWPPP)to the City.
81. Applicant / Developer is responsible for the implementation of the project's Focused
Traffic Impact Study recommendations, including the preparation of a striping plan to
depict the following:
a) Eastbound left-turn 60-foot storage pocket;
b) "KEEP CLEAR" striping on La Verne Avenue, at the project driveway.
82. Prior to issuance of the building permits applicant/developer is responsible for paying the
project's impact fees for traffic signals and control devices, road and highway
improvements, and public safety improvements.
83. Prior to the issuance of the certificate of occupancy the property Owner is responsible for
the compliance with any special annual levy assessment derived from the current inclusion
of the project site into the City's Street Lighting and Landscaping Maintenance District.
The Developer shall disclose to any future buyers that the property is within the City of
Pomona Lighting and Landscaping District and is subject to annual special taxes.
84. The plans shall be submitted on 24" x 36" sheet size with a standard City title block, and
must correctly identify the property owner, address, legal description, property lines, street
centerline, curb-lines, existing and proposed utilities (water, sewer, and storm drain), utility
easements, and the public right-of-way areas with dimensions.
85. Prior to grading permit issuance Applicant/Developer shall post surety bonds for all public
improvements, including but not limited to: water, sewer, storm drains, street frontage
pavement, sidewalk, drainage and parkway improvements, and driveway approaches.
86. Permittee shall procure and maintain throughout the period of the Permit the following
policies of insurance:
a. Commercial General Liability;
b. Automobile Liability;
c. Worker's Compensation as required by the State of California;
Note: The Commercial General Liability and the Automobile Liability policies shall include
the City of Pomona as additional insured.
87. Permittee shall pay fees associated with and possess the City of Pomona Business License.
88. Changes and additions to the proposed work, including but not limited to detail plans for
street improvement work, water plans and/or other work associated with this project and
due to developer's or City's request shall require additional conditions to be completed by
the applicant.
APPROVED BY:
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Mark Lazzaretto, Community Development Director Date