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League of Women Voters of California Education Fund
KPBS Voters Guide@KPBSNews
June 7, 2016 — Elecciones Primarias de California
Local

City of Pomona
Measure Y Ordinance - Majority Approval Required

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Resultados electorales

No se aprueba

9,423 votos si (48.44%)

10,031 votos no (51.56%)

100% de distritos activos (57/57).

Billboard Zoning Regulations
— undefined

Shall the Pomona zoning ordinance be amended to authorize the installation of outdoor advertising signs within specific freeway adjacent corridors and to impose planning regulations and restrictions concerning the number and location of the outdoor advertising signs, and to establish development fees to be paid to the City of Pomona in an amount of $1 million for each billboard installed?

¿Qué es esta propuesta?

Información básica sobre la iniciativa de ley — Información oficial sobre esta iniciativa

Resumen

https://www.lavote.net/WebApps/PollLocator/ballot/980/BT090NP508.pdf

The City Attorney has prepared the following title and summary of the chief purpose and points of the proposed measure: INITIATIVE MEASURE TO AUTHORIZE THE INSTALLATION OF OUTDOOR ADVERTISING SIGNS WITHIN SPECIFIC FREEWAY ADJACENT CORRIDORS AND TO IMPOSE PLANNING REGULATIONS AND RESTRICTIONS CONCERNING THE NUMBER AND LOCATION OF THE OUTDOOR ADVERTISING SIGNS, AND TO ESTABLISH DEVELOPMENT FEES TO BE PAID TO THE CITY OF POMONA IN AN AMOUNT OF $1 MILLION FOR EACH BILLBOARD INSTALLED The proposed initiative measure would amend the current Pomona City Code by allowing the installation of Outdoor Advertising Signs at specific freeway adjacent locations situated along the Orange (57) Freeway, Chino Valley (71) Freeway and Pomona (60) Freeway. The terms of the installation of the signs would be limited by definitions as set forth in the Pomona City Code and consistent with a Development Agreement submitted with the proposed initiative. A key component to this proposal is the payment of development and installation fees in an amount of $1 million for each Outdoor Advertising Sign installed. If this initiative is approved by the voters, the City could receive revenue in an amount up to $10 million. These revenues would be available to fund essential City services, including police and fire protection, street and park maintenance, library and recreation services and other vital City programs. The initiative identifies specific locations along the freeway corridors and imposes restrictions upon the location, height, and size of the Signs. It also prohibits the placement of Outdoor Advertising Signs within 90 feet from a school, church or other similar place of worship and restricts the distance between signs installed. A “yes” vote would allow for the installation of up to 10 new Outdoor Advertising Signs, amend the provisions of the Pomona City and Zoning Code, and provide an opportunity for additional revenues to the City in an amount up to $10 million. A “no” vote would reject the proposed Signs and would not result in any new revenues being paid to the City. This Ballot Title and Summary has been prepared pursuant to California Elections Code Section 9203. Respectfully submitted, ARNOLD M. ALVAREZ-GLASMAN City Attorney  

Análisis del analista legislativo / Proposal

https://www.lavote.net/WebApps/PollLocator/ballot/980/BT090NP508.pdf

CITY ATTORNEY’S IMPARTIAL ANALYSIS OF MEASURE Y This ballot measure amends the current City of Pomona Zoning Ordinance to allow the installation of up to ten Offsite Outdoor Advertising Signs (“billboards”) at nine specific freeway-adjacent locations situated along the Orange (57) Freeway, Chino Valley (71) Freeway, and Pomona (60) Freeway. Measure Y identifies specific locations along the freeway corridors and imposes restrictions upon the location, height, and size of the billboards. Measure Y prohibits the placement of billboards within 90 feet from a school, church or other similar place of worship, and restricts the distance between billboards installed. Newly erected billboards can be static illuminated displays or digital displays. Each billboard face would be no larger than 872 square feet. Measure Y limits installation of billboards through the terms of the proposed amended ordinance and the terms of a Development Agreement (Exhibit A to the ordinance) entered into by the City and billboard company. The terms of the Development Agreement cannot be changed except by further approval by the voters of Pomona. Measure Y establishes the duration of a Development Agreement for four (4) ten-year terms (40 years total). Over the 40 year lifetime of the Development Agreement, the City would be paid monthly fees totaling $1 million for each billboard installed. These revenues would be available to fund essential City services, including police and fire protection, street and park maintenance, library and recreation services and other vital City programs. A “YES” vote would allow for the installation of up to ten new billboards, amend the provisions of the Pomona City and Zoning Code, and provide an opportunity for additional revenues to the City in an amount up to $10 million. A “NO” vote would reject the proposed billboards and would result in no new revenues being paid to the City. Respectfully submitted, ARNOLD M. ALVAREZ-GLASMAN City Attorney The above statement is an impartial analysis of Measure Y. If you desire a copy of the ordinance pertaining to Measure Y, please call the Pomona City Clerk’s Office at (909) 620-2341 and a copy will be mailed at no cost to you.

Published Arguments — Arguments for and against the ballot measure

Argumento A FAVOR

ARGUMENT IN FAVOR OF MEASURE Y Vote YES on MEASURE Y. Over 8500 of your fellow Pomona residents signed petitions requesting that this measure be placed on the ballot. A YES vote on Y will provide the City with an additional $250,000 annually in unrestricted funds to support more fire, police, library and recreation services as well as street and park maintenance. It will NOT increase our taxes. It will make the sign company pay the city a fair-share of its advertising revenue to benefit city residents. The sign company supports a YES vote on Y. In addition, local Pomona non-profits and the City will be offered free advertising on these digital signs to promote local events and make public service announcements. Many other cities do the same thing. A YES vote on Y will create strict design standards for new freeway signs and put limitations on the height, size and location of signs as well as restrict the visual and scenic impacts of signs. All designs will be finalized after input from the residents. It will put a permanent cap of 10 on the total number of freeway signs that will be allowed under this measure. None of the signs can be located in areas zoned residential or open space. The City of Pomona’s budget needs more money. A YES vote will bring new revenue to the Pomona City budget and will improve City services. A YES vote on Y will generate 10 MILLION DOLLARS for the City over the life of the measure. A YES vote on Y will give Pomona the toughest freeway sign controls in the region and substantial revenue to support our City services. A YES vote on Y will help to restore the cuts made to the police, fire and library services. Vote YES on MEASURE Y JAMES N. POPOVICH Proponent VERNON L. PRICE Proponent  

— https://www.lavote.net/WebApps/PollLocator/ballot/980/BT090NP508.pdf

Argumento EN CONTRA

TERRIBLE, TERRIBLE DEAL! MAKE NO MISTAKE, THIS IS A HUGE MONEY-MAKER FOR THE DEVELOPERS and political campaign accounts! DECEIVING! The developers want you to approve 10 billboard signs. They don’t tell you these will be electronic billboards advertising for hundreds of businesses a day, each paying thousands of dollars a month for a few seconds of advertising. There would be no city control of the content (alcohol, adult entertainment?). Keep in mind driver distraction is the number one cause of traffic fatalities. INSULTING! Why are they paying for this expensive ballot? They don’t think you will read the excessively long developer’s contract and zoning ordinance. They want you to believe there will be $10 million available for police, fire, library, and park services, but the money is not earmarked for that. DISHONEST! The truth is the payment will be in monthly installments and it will take 40 years for Pomona to receive the full amount. By then, considering inflation, that amount will be worth very little, but the developers would have amassed millions if not billions of dollars. Pomona will only receive a pittance per month. Ridiculous? Absolutely! CAREFUL! This is another trap! Consider the regional trash station that is bringing excessive pollution to our community, whose monthly fees were “to increase library services and police.” Neither the police nor library has benefitted from those dollars; the benefit has been to the trash company and some elected officials’ campaign accounts! NEGOTIATE! Pomona already has billboards, but even if you want to see electronic billboards, VOTE NO and direct the Pomona City Council to negotiate a SHORTER, more PROFITABLE DEAL. We need to fix our streets, and fund needed services NOW! Forget about 40 year’s contracts. Your family can’t wait that long! NO GOOD DEAL? NO BILLBOARDS! Respectfully, CRISTINA N. CARRIZOSA City Council Member MARICRUZ HERNANDEZ Resident RUBIO R. GONZÁLEZ Commissioner  

— https://www.lavote.net/WebApps/PollLocator/ballot/980/BT090NP508.pdf

Refutación al argumento A FAVOR

VOTE NO on YUCKY MEASURE “Y” THIS is what THEY AREN’T TELLING you: Distracted drivers are the number one cause of fatal car collisions. Police and firefighters responding to one fatal car accident will cost more than the $250,000 we’ll get annually, from the billboard owners! These huge electronic signs (dangerous driver’s distractions), HAVE BEEN BANNED in the CITY of LOS ANGELES! Don’t be deceived by people who are paid lots of money to gather signatures: They were paid to eliminate city districts in Pomona, remember? They brought the trash transfer station, but we still don’t have additional police officers, longer library hours, or better parks as they promised. What we have is additional toxic air pollution and an increase in the campaign accounts of some elected officials! Neither the city nor the residents will control the advertisers’ messages/graphics (sleazy ads, adult entertainment, alcohol, weapons?) Non-profits and city will get discounts, but they will still have to pay. JUST ANOTHER LOPSIDED DEAL The owners will make millions, even billions, while Pomona will receive a mere pittance. Adding insult to injury, it’ll take 40 years for Pomona to receive the ten million listed in the contract. NO WAY! Yucky measure Y doesn’t deserve your vote. NO GOOD DEAL- NO BILLBOARDS Pomona has plenty of billboards already, but if you want to add electronic billboards, the city council must re-negotiate for a shorter, more profitable contract. Pomona deserves better! Our public safety and Pomona’s future are not for sale. Say no! Respectfully, Cristina Carrizosa CRISTINA N. CARRIZOSA City Council Member MARICRUZ HERNANDEZ Resident RUBIO GONZÁLEZ Commissioner

— https://www.lavote.net/WebApps/PollLocator/ballot/980/BT090NP508.pdf

Refutación al argumento EN CONTRA

MEASURE “Y” IS A GOOD DEAL FOR POMONA RESIDENTS!!! The opposition apparently doesn’t know a good deal when they see one. Measure “Y” will generate $250,000 dollars per year to the City General Fund. It will pay the City $10 million dollars in total. The opposition supported a bad deal for $100,000 a year for a total of $1million. They don’t mention that. Measure “Y” will make the billboard companies pay a fair share of their profits to the City of Pomona. The opposition doesn’t want you to know about the bad deal they made for the City Measure “Y” allows state-of-the-art electronic message signs with free advertising for the city and charities. The opposition supported ugly old billboards in their bad deal! Measure “Y” has design controls and strict content controls. The opposition was wrong to state “there would be no city control of the content”. Measure “Y” will provide more money for Libraries, Police and Fire services as stated in the City Attorney’s independent analysis. The opposition simply wants to spend the money on something else. Measure “Y” was signed by over 8500 residents of Pomona and supported by many Pomona charities and businesses and the city employees. The opposition wants to ignore the will of the voters and keep their bad deal. Measure “Y” gives Pomona Voters the chance to tell the City Council they want a better deal! Vote Yes on Measure “Y”. JAMES N. POPOVICH Proponent VERNON L. PRICE Proponent BRAD PAULSON President-Pomona Police Officers’ Association SAMUEL THARPE Board Member PABSE Pomona Advance of Black School Educator VIRGINIA R. MADRIGAL Community Activist  

— https://www.lavote.net/WebApps/PollLocator/ballot/980/BT090NP508.pdf

Leer la legislación propuesta

Legislación propuesta

PROPOSED ORDINANCE OF MEASURE Y AN ORDINANCE OF THE CITY OF POMONA AMENDING PORTIONS OF SECTION .503-K, 554-C, .5512-A AND .398 OF THE POMONA ZONING ORDINANCE AND PORTIONS OF THE CITY OF POMONA GENERAL PLAN TO ALLOW OFF-SITE ADVERTISING SIGNS IN ELIGIBLE DISPLAY AREAS IN THE CITY, PURSUANT TO DEVELOPMENT AGREEMENTS WITH THE CITY. WHEREAS, on November 2, 1993, the voters of the City of Pomona (‘‘City’’) approved a Billboard Ordinance Initiative (‘‘Proposition L’’) that banned any new or structurally altered off-site advertising signs from being constructed, relocated, or structurally altered within the City of Pomona in any zoning district; WHEREAS, on August 4, 1997, by Ordinance 3845 the City Council approved Code Amendment CA-96-003 amending Section .503-K of the Pomona Zoning Ordinance pertaining to definitions and standards for signs located on private property within the City; WHEREAS, since 1993 and 1997, sign abatement has been significant; commercial signing in the City is no longer typified by an overabundance of poorly designed, over-scaled signs; continued regulation and reasonable controls for off-site advertising signs and structures in specifically designated areas can continue to protect and enhance the quality and character of the visual environment; WHEREAS, due to the on-going recession and the dire fiscal emergency the City currently faces, the City has identified new and existing off-site billboards as a potential revenue source for the City, which if permitted, would permit the City to preserve and apply funding for essential general city services including police and fire protection, street and park maintenance, the library, business development and park and recreation services; WHEREAS, the City has identified specific corridors where up to ten billboard structures could be placed without detracting from the quality and character of the visual environment, subject to regulations and reasonable controls that preserve and enhance the City’s scenic quality, traveler orientation and public pride; WHEREAS, the 2013 General Plan Update notes the City’s crossroads location among five major freeways, and the General Plan can be amended by a vote of the people; WHEREAS, since Proposition L was approved by a majority of the voters, it may only be modified by a vote of the people; (Continued on next page) PR-004673-2 NP LA 090-023 PROPOSED ORDINANCE OF MEASURE Y (Continued) WHEREAS, The Development Agreement that is attached as Exhibit ‘‘A’’ (‘‘Development Agreement’’) imposes reasonable controls on developers that protect the City’s interests by preserving and enhancing the City’s scenic quality, traveler orientation and public pride; WHEREAS, The Development Agreement offers to allow up to ten new off-site billboard structures in specified, freeway-adjacent corridors, subject to provisions of the Development Agreement, and the provisions of the laws of the United States, the State of California and the City of Pomona; WHEREAS, The Development Agreement, if accepted by one or more developers, will raise Ten Million Dollars ($10,000,000.00) for the City if all ten structures are built, and provide substantial value to the City and its residents in the form of free public service announcements and discounted advertising for local businesses; THE PEOPLE OF THE CITY OF POMONA, CALIFORNIA DO ORDAIN AS FOLLOWS: SECTION 1. The recitals set forth above are incorporated herein and by this reference are made an operative part of the Ordinance. SECTION 2. Subdivision B of Section .503-K of the Pomona Zoning Ordinance is hereby amended as follows: B. Definitions. ‘‘Extension’’ means an incidental increase in the size of the advertising area on the face of an off-site advertising sign structure and relates to the specific advertising copy. (b) Applicant. The word ‘‘applicant’’ as used herein refers to any individual, business, enterprise, or partnership which proposes to construct an off-site advertising Sign within the City of Pomona, California. ‘‘Eligible Display Area’’ means the corridors within the City of Pomona that are expressly identified in Section .503-K-K2(a), and limited to areas within such corridors that are located in non-residential zones in the City of Pomona, on a parcel immediately adjacent to a freeway or an expressway right-of-way, and within two hundred and fifty (250) feet of a freeway or an expressway right-of-way, including exit and entrance ramps, with measurements to be made from the edge of the freeway or expressway right-of-way to the nearest edge of the off-site advertising sign. (Continued on next page) PR-004673-3 NP LA 090-024 PROPOSED ORDINANCE OF MEASURE Y (Continued) (d) ‘‘Off-Site Advertising Sign or Structure’’ means any sign structure or billboard, whether freestanding or mounted on an existing building, and that has one or more flat surface sign spaces upon which advertising may be posted, painted, displayed electronically, or affixed and which is primarily designed for the rental or lease of such sign space for advertising not relating to the product or service of the property upon which the sign exists. (e) ‘‘On-Premise Sign in Redevelopment Areas’’ means a sign or billboard advertising those businesses and activities developed within the boundary limits of, and as part of, an individual redevelopment project area, which may, with the consent of the redevelopment agency governing the project area, be considered to be on the premises anywhere within the limits of that project area when all of the land is contiguous or is separated only by a public highway or public facilities developed or relocated for inclusion within the project area. (f) ‘‘Off-Site Advertising Sign Applicant’’ means any individual, business, enterprise, or partnership that proposes to construct an off-site advertising sign structure within the City of Pomona. SECTION 3. Subsection 10 of subdivision F of Section .503-K of the Pomona Zoning Ordinance is hereby amended as follows: F. Prohibited Signs, The following types of signs and devices shall be specifically prohibited: 10. Off-Site Advertising Signs (billboards). 10. Off Site Advertising Signs or Structures (billboards), except billboards located within an Eligible Display Area that meets all the of the requirements of Section .503-K-K. SECTION 4. Subsection 19 of subdivision G of Section .503-K of the Pomona Zoning Ordinance is hereby added as follows: G. Permitted Signs. The following signs shall be permitted subject to the requirements contained herein: 19. Off-Site Advertising Signs or Structures (billboards). Off-Site Advertising Signs shall be permitted pursuant to subdivision K of this Section. SECTION 5. That subdivision K of Section .503-K of the Pomona Zoning Ordinance is hereby amended as follows: K. Proposition ‘‘L’’ Off-Site Advertising Signs (billboards) Standards within an Eligible Display Area. 1. No new or structurally altered offsite billboards shall be permitted within the City of Pomona. In technical words conveying the same meaning, no ‘‘offsite advertising signs’’ as defined shall be constructed, relocated, or structurally altered in any zoning district. (Continued on next page) PR-004673-4 NP LA 090-025 PROPOSED ORDINANCE OF MEASURE Y (Continued) 2. Noncommercial advertising by the property owner or by another with their consent is permitted on any advertising sign allowed by this ordinance for onsite advertising, whether the message concerns activity at the property or not. 1. Purpose and Intent. It is the purpose and intent of this section to establish regulations and reasonable controls for off-site advertising signs in Eligible Display Areas, which consist of specifically designated freeway adjacent City corridors, while protecting and enhancing the public safety, health and welfare with the following objectives: (a) to protect the quality and character of the visual environment of the community while providing adequate opportunities for off-site advertising sign applicants to construct off-site advertising signs within designated Eligible Displays Areas; and (b) to ensure the design and construction of off-site advertising signs and structures do not interfere with traffic safety or otherwise endanger public safety; and (c) to enhance the local and regional economy by providing for off-site advertising signs and structures within designated Eligible Displays Areas which may, among other things identify and promote businesses and organizations within the community and region, or identify, and promote the products or services offered by local or regional businesses and organizations; and (d) to prohibit the construction of new off-site advertising signs within the City of Pomona except for those constructed within the Eligible Displays Areas designated in this ordinance; and (e) to set forth the entirety of the City’s Zoning regulations with respect to billboards permitted in Eligible Displays Areas. If there is any conflict between any provision contained in this subdivision K of Section 503-K and any other provisions contained elsewhere in this code, the provisions contained in this subdivision K shall prevail. (f) Until Development Agreements have been signed for ten (10) new advertising structures in Eligible Display Areas, to require the City to execute one or more Development Agreements exactly in the form of the attached Exhibit ‘‘A’’, except for filling in the blanks, in the order in which developers with a legal or equitable interest in properties in Eligible Display Areas have submitted executed Development Agreements to the City. 2. Construction of New Off-Site Advertising Signs. No new off-site advertising sign or structure may be constructed within the City of Pomona unless all of the following requirements are satisfied: (Continued on next page) PR-004673-5 NP LA 090-026 PROPOSED ORDINANCE OF MEASURE Y (Continued) (a) Eligible Displays Areas. Off-Site Advertising Signs may be placed only within one or more of the following Eligible Display Areas and may be retrofitted with digital displays, but in addition to the spacing requirements of Section .503-K-K.2.g., no more than ten (10) billboards may be placed in all of the following Eligible Displays Areas: 1. On the west line of the Orange (57) Freeway, starting from a point 385 feet south along the Orange (57) Freeway from the intersection of the south line of West Temple Avenue and the Orange (57) Freeway and continuing to a point along the Orange (57) Freeway to a point 1,173 feet north of the north line of West Temple Avenue. 2. On the east line of the Orange (57) Freeway, starting from a point 450 feet north along the Orange (57) Freeway from the intersection of the northern property line of South Campus Drive and the Orange (57) Freeway and continuing along Orange (57) Freeway to the north line of South Campus Drive. 3. On the south line of the Pomona (60) Freeway, starting from a point 280 feet west along the Pomona (60) Freeway from the intersection of the west line of South Reservoir Street and the Pomona (60) Freeway and continuing along the Pomona (60) Freeway to a point 635 feet west of the westerly side of South Reservoir Street. 4. On the east line of the Chino Valley (71) Freeway, starting from a point 190 feet north along the Chino Valley (71) Freeway from the intersection of the southerly line of Mount Vernon Ave and the Chino Valley (71) Freeway and continuing south along the Chino Valley (71) Freeway to the southern line of Mount Vernon Ave. 5. On the east line of the Chino Valley (71) Freeway, starting from a point 450’ south along the Chino (71) Freeway from the intersection of the southerly line of Pomona Boulevard and the Chino Valley (71) Freeway and continuing north along the Chino Valley (71) Freeway to the south line of Pomona Blvd. 6. On the north line of the San Bernardino (10) Freeway, starting from a point 150’ feet west along the San Bernardino (10) Freeway from the intersection of the easterly line of Garey Avenue and the San Bernardino (10) Freeway and continuing east along the San Bernardino (10) Freeway to the east line of Garey Avenue 7. On the south line of the San Bernardino (10) Freeway, starting from a point 250’ west along the San Bernardino (10) Freeway from the intersection of the westerly line of East McKinley Avenue and the San Bernardino (10) Freeway and continuing east along the San Bernardino (10) Freeway to a point 410’ feet past the eastern line of East McKinley Avenue. 8. On the south line of the San Bernardino (10) Freeway, starting from a point 473 feet west along the San Bernardino (10) Freeway from the intersection of the westerly line of North Towne Avenue and the San Bernardino (10) Freeway and continuing east along the San Bernardino (10) Freeway to the west line of North Towne Avenue. (Continued on next page) PR-004673-6 NP LA 090-027 PROPOSED ORDINANCE OF MEASURE Y (Continued) 9. On the north line of the Pomona (60) Freeway, starting from a point 3,747 feet east along the Pomona (60) Freeway from the intersection of the easterly line of Phillips Ranch Road and the Pomona (60) Freeway and continuing east along the Pomona (60) Freeway another 846 feet. (b) Freeway Orientation. The off-site advertising sign shall be designed to be viewed primarily from a freeway or an expressway, unless a third street face would block the view to the back of the other two primarily oriented freeway or expressway faces of the off-site advertising sign. (c) No Street Orientation. Other than the exception listed in .305K-K.2.c above, the off-site advertising sign is not constructed or designed to be viewed primarily from an arterial or surface street within the City of Pomona. (d) Development Agreement. The Developer accepts and executes a Development Agreement exactly in the form attached as Exhibit ‘‘A’’, except for filling in the blanks. A Development Agreement may be for one or more advertising Structures in one or more Eligible Display Areas, but no Structure may be built unless the developer accepts the terms of Exhibit ‘‘A’’ for each Structure built. A Development Agreement shall be entered into prior to the issuance of a building permit for any off-site advertising Structure. A Development Agreement shall include the consideration referenced in Exhibit ‘‘A’’ to be delivered to the City pursuant to the terms of the Development Agreement. All monetary consideration to be delivered to the City shall be directed to benefit the City’s general fund. Such amounts may be used for any purpose at the discretion of the City, including but not limited to, police and fire protection, street and park maintenance, the library, business development, and park and recreation services. (e) Compliance.The Developer shall comply with all building code requirements for the construction of advertising structures; (f) Location. 1. The off-site advertising sign or structure shall not be located within a distance of (90) feet from the main building on the property containing a school, church or similar place of worship on the date the off-site advertising sign or structure is first built unless the school, church or similar place of worship is the landlord for the off-site advertising sign and consents to the placing of the sign on their property; or a distance of five-hundred (500) feet from any other Off-Site Advertising Sign located on the same side of the freeway or expressway or one-thousand (1000) feet between two digital off-site advertising Signs located on the same side of the freeway or expressway, which digital displays intended for off-site advertising, can only be placed within an Eligible Display Area and must comply with the Business & Professions Codes, Section 5405(d)(1). For purposes of this subdivision, measurements shall be made in a straight line from the closest point of the off-site advertising sign to the closest point of the main building on the parcel in question. (Continued on next page) PR-004673-7 NP LA 090-028 PROPOSED ORDINANCE OF MEASURE Y (Continued) 2. The off-site advertising sign is not placed, in total or in part, upon the roof or parapet of any building or located on any wall nor does the off-site advertising sign project over any public right-of-way; (g) Height. Not including extensions, the maximum height of any off-site advertising sign shall not exceed fifty (50) feet from the top of the off-site advertising sign to either the ground level below the off-site advertising sign, or the level of the roadbed from which the off-site advertising sign is designed to be viewed, whichever is greater; (h) Sign Surface Area. The surface area of each face, poster, printing or advertisement on the off-site advertising sign structure, excluding cut-outs and extensions, does not exceed eight-hundred seventy-two (872) square feet. If the off-site advertising sign is a back-to-back or v-type off-site advertising sign, the surface area of each face, poster, printing or advertisement included on the off-site advertising sign shall not exceed eight-hundred seventy-two (872) square feet, excluding cut-outs and extensions; (i) Cut-Outs and Extensions. No cut-outs or extensions shall exceed thirty (30%) percent of the square foot area of each off-site advertising sign face, poster, printing or advertisement to which the cut-out or extension is attached. Measurement is made based on the height and the length but not the depth of the cut-out or extension; (j) Illumination. No new off-site advertising sign shall display flashing, blinking, shimmering, glittering, intermittent or moving light or lights, use motion, sound or other mechanical devices, blinkers, flashing or unusual lighting or other means which cause significant distractions to operators of motor vehicles. However, any off-site advertising sign shall be permitted to have standard lighting for its advertisements and within an Eligible Display Area, the off-site advertising signs can install digital advertising displays so long as such advertising structures and illumination comply with state and federal regulations; and (k) Local and State Permit. The off-site advertising sign applicant shall obtain a building permit from the City of Pomona. Because the State may require to see evidence of the City building permit prior to the State issuing the State Permit, the off-site advertising sign applicant will be allowed to receive the building permit from the City, but shall not commence construction of the off-site advertising sign nor receive any required City building inspections until the applicant provides the City of Pomona with written evidence that the applicant has obtained all necessary permits for the construction of the off-site advertising sign from the California Department of Transportation pursuant to the Outdoor Advertising Act, California Business and Professions Code, Sections 5200 et. seq. The City shall cooperate and assist the off-site advertising sign applicant with complying with federal, state and local laws for any off-site advertising sign that was approved by a development agreement; including but not limited to assistance with a relocation per Bus. & Professions Code, Section 5412 for any of the off-site advertising sign locations that are in landscaped classified areas per state law. (Continued on next page) PR-004673-8 NP LA 090-029 PROPOSED ORDINANCE OF MEASURE Y (Continued) 3. Construction Demolition Permit Fees. The off-site advertising sign applicant shall pay all applicable construction, demolition and electric permit fees to the Building and Safety Department as required by the International Building Code. 4. Compliance with the Outdoor Advertising Act. No applicant with a City permit to construct a new Off-Site Advertising Sign shall be provided with the required City inspections until the applicant has obtained all necessary permits for the construction of the off-site advertising structure from the from the California Department of Transportation pursuant to the Outdoor Advertising Act, California Business and Professions Code, Sections 5200 et. seq. 5. Maintenance of off-site advertising signs and structures. It shall be the off-site advertising sign applicant’s responsibility to keep all off-site advertising signs and structures clean, graffiti free, and in good repair at the applicant’s expense. 6. Nothing in this subdivision K of Section .503-K shall affect the status of any existing off-site advertising sign or structure that is in violation of the sign ordinance at the time of adoption of this subdivision. 7. If a developer submits a completed and executed Development Agreement, or Development Agreements, exactly in the form of Exhibit ‘‘A’’ attached, except for filling in the blanks, and if the developer has a legal or equitable interest in one or more properties in Eligible Display Areas, and if the Development Agreements and proposed new advertising structures comply with the requirements of this Ordinance, the City shall, within ten (10) days of the submission as a ministerial duty, execute and deliver to the developer a counterpart original of the agreement(s) in the order submitted by the developer(s) until Development Agreements have been executed for ten (10) new advertising structures in Eligible Display Areas. SECTION 6. Section .398 of the Pomona Zoning Ordinance prohibiting uses in the ‘‘M’’ Special Industrial Zone is hereby amended as follows: Sec. .398.- Uses expressly prohibited. (d)Billboards or advertising structures Off-Site Advertising Signs or Structures (billboards), except billboards that are located within an Eligible Display Area and that meet all of the requirements of Section .503K-K SECTION 7. Part 2 of subdivision C of section .554 of the Pomona Zoning Ordinance regarding nonconforming use is hereby amended as follows: C. NONCONFORMING USE OF LAND 2. Signs, billboards or commercial advertising structures, that lawfully exist and were maintained when this ordinance became effective, may be continued, provided no structural alterations are made thereto unless such alterations are approved per Section .503-K-K; and further provided, that all such nonconforming signs, billboards or commercial advertising structures shall be (Continued on next page) PR-004673-9 NP LA 090-030 PROPOSED ORDINANCE OF MEASURE Y (Continued) removed from the district not later than five years from the effective date of this ordinance unless a longer period is approved per Section .503-K. During the interim five year period, At all times said nonconforming signs, billboards, or commercial advertising structures shall be maintained and kept in good repair and good visual appearance. SECTION 8. Subdivision (A) of section .5512 of the Pomona Zoning Ordinance regarding off-site advertising abatement is hereby amended as follows: (A) Removal of Nonconforming Billboards. Off-site advertising signage or billboards, as defined in Section .503-K, are permitted only in an Eligible Display Area eligible display area, provided, the required conditional use permit and development agreement have been issued and approved. All off-site advertising signage or billboards which were lawfully constructed at the time in which they were erected and which are outside an Eligible Display Area eligible display area, as defined by Section .503-K-K .503-K-G6, shall be deemed nonconforming. All off-site advertising signage which is erected within an Eligible Display Area eligible display area without obtaining the required conditional use permit and development agreement, or which is maintained after expiration of an applicable development agreement, shall be nonconforming, or which was erected outside an eligible display area with appropriate building permits conditional use permit or other requirements as set forth by law or this code abatement. Any off-site advertising signage or billboard which was erected outside an Eligible Display Area eligible display area with appropriate building permits, conditional use permit or other requirements as set forth by law or this code abatement shall be nonconforming. All off-site advertising signage which is erected within an Eligible Display Area and for which the required permit and development agreement has been issued shall be removed pursuant to and in compliance with the terms of the development agreement. All other Ooff-site advertising sign structures or billboards which are nonconforming or become non-conforming through annexation, zone change, or other provisions of this code, including approved amendments hereto, shall be removed at the end of within the following specified time period, whichever is longer: 1. On or before December 31, 1994; or 2. Thethe actual useful life adopted for such. Notwithstanding any other provision of this section, any sign owner or sponsor may allocate a sign area authorized by this code to a noncommercial message. (Continued on next page) PR-004673-10 NP LA 090-031 PROPOSED ORDINANCE OF MEASURE Y (Continued) Notwithstanding any other provision of this section, all signs deemed nonconforming must in all other respects be operated and maintained so as not to create a nuisance or dangerous condition as set forth in the Pomona City Code and Zoning Code. SECTION 9. General Plan Amendments. The Pomona General Plan is hereby amended as follows. Page numbers refer to the document presented electronically on February 20, 2014 as ‘‘City of Pomona 2011 General Plan Update.’’ The Page Numbers will change to reflect amendments made at the March 3, 2014 City Council, as Agenda Item No. 4. A) General Plan, 7-A. LAND USE & DENSITY, Intensity of Future Development, is amended at Page 85 to add, ‘‘4) Freeway Corridor Uses: ‘‘The ten Eligible Display Areas described in Section 2 of this Ordinance are not suitable for residential or open space uses due to the noise, dirt, and exhaust products from the adjacent freeways. They are suitable for advertising structures that have a small footprint at grade and can provide information about local businesses and municipal activities. Advertising structures described in Section 2 of this Ordinance are also suitable uses for properties zoned for industrial, commercial, and office uses. B) General Plan, 7-B. ECONOMIC DEVELOPMENT, Economic Development Strategy, is amended at the following pages: P. 97, Item 8, Ensure Fiscal Stability: add the following paragraph to the end of the section headed ‘‘Revenue’’ ‘‘It is anticipated that one or more developers would be willing to sign a development agreement with the City exactly in the format of Exhibit ‘‘A’’ to this Ordinance, except for filling in the blanks (‘‘Development Agreement’’). Such agreements would provide the City with additional revenue of $1,000,000 per structure to be used for vital City services and infrastructure.’’ P. 99, Item, Item 10, Pursue Stakeholder Partnerships and Collaboration: add the following paragraph to the section headed ‘‘Marketing Pomona’’ ‘‘The Development Agreement requires developers post public service announcements, ‘‘Shop Pomona’’ promotions and allow discounted advertising for local business advertisements. This will enhance the opportunity for joint marketing of City services as well as image building with the business community and supporting business and City innovation.’’ C) General Plan, 7-C. OPEN SPACE NETWORK, at Page 105, add the following paragraph, (Continued on next page) PR-004673-11 NP LA 090-032 PROPOSED ORDINANCE OF MEASURE Y (Continued) ‘‘The corridors identified as Eligible Display Areas described in Section 2 of this Ordinance are particularly unsuited for open space uses. Structures allowed in those areas must be built within 250’ of the edge of a freeway right-of-way. Such areas are subject to noise, exhaust products, and dirt that make them unsuitable for any open space use.’’ D) General Plan, 7-D, MOBILITY & ACCESS, at Page 121, add the following paragraph to the section entitled ‘‘FREEWAY NETWORK’’, ‘‘The Development Agreement requires the developer to make any new advertising structure available for public service announcements. Any structure built for electronic display will enable the City to alert motorists to traffic problems, Amber Alerts, and other emergencies. The City will be able to give traffic-calming instructions in real time.’’ E) General Plan, 7-G NOISE & SAFETY, at Page 155, add the following language to the end of the sole paragraph on the page, ‘‘Allowing digital advertising structures in the limited Eligible Display Areas will enhance the City’s ability to communicate with the public during emergencies.’’ SECTION 10. 1. The People of the City of Pomona hereby approve and adopt the generic Development Agreement attached to ‘‘Exhibit A’’ either per Elections Code, Section 9215(a) or per Elections Code, Section 9217, which exhibit is incorporated by reference herein, as an Ordinance of the City. 2. The City Council or the voters hereby finds and determines that the generic Development Agreement attached as Exhibit ‘‘A’’ is consistent with the City’s General Plan. SECTION 11. Severability. If any sections subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held to be invalid or unenforceable by a court of competent jurisdiction, including but not limited to Exhibit ‘‘A’’ and all references thereof, the remaining portions of this Ordinance shall nonetheless remain in full force and effect. We the voters of the City of Pomona, hereby declare we would have adopted each section, subsection, sentence, clause, phrase, or portion of this Ordinance, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions of this Ordinance be declared invalid or unenforceable. If any portion of this Ordinance is held by a court of competent jurisdiction to be invalid, we, the voters of the City of Pomona, indicate our strong desire that: (1) the City Council use its best efforts to sustain and cure such portion, and (ii) the City Council implement this Ordinance by taking all steps possible to cure any inadequacies or deficiencies identified by the court in a manner consistent with the express and implied intent of this Ordinance. (Continued on next page) PR-004673-12 NP LA 090-033 PROPOSED ORDINANCE OF MEASURE Y (Continued) SECTION 12 Amendment or Repeal. The changes to the Pomona Zoning Ordinance and to the Pomona General Plan made by this Ordinance may be amended or repealed only by the voters at a City election. SECTION 13. Authorization. The mayor is hereby authorized to attest to the adoption of this Ordinance by the voters of the City by signing where indicated below. SECTION 14. CEQA. The submission of this ordinance to the voters and approval thereof per Elections Code, Section 9215 (a) or per Elections Code, Section 9217, is not a ‘‘project’’ subject to CEQA. SECTION 15. Majority Approval; Effective Date. If a majority of voters voting in the City’s Special municipal election on June 7, 2016, approve this Ordinance per Elections Code, Section 9217 or the City Council adopts a qualified petition as drafted per Elections Code, Section 9215 (a), the Ordinance shall be considered adopted and effective upon the earliest date legally possible after the City Clerk certifies the vote on the Ordinances by the voters of the City of Pomona or the vote of the City Council when if they adopt a qualified petition as drafted (‘‘Effective Date’’). The Mayor will sign the Ordinance, and the City Clerk will attest and certify to the passage and adoption of this Ordinance. Upon the Effective Date of this Ordinance, the City Manager is directed to promptly take appropriate actions needed to implement this Ordinance. I hereby certify that the foregoing Ordinance was PASSED, APPROVED and ADOPTED by the people of the City of Pomona voting on the 7th day of June, 2016. CITY OF POMONA: ELLIOT ROTHMAN Mayor ATTEST: EVA M. BUICE City Clerk APPROVED AS TO FORM: ARNOLD M. ALVAREZ-GLASMAN City Attorney If you desire a copy of ‘‘Exhibit A’’ (Development Agreement) to the Ordinance, please contact the City Clerk’s office at (909) 620-2341 and a copy will be mailed or e-mailed at no cost to you. PR-004673-13 N

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