RESOLUTION NO. 2022-19
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, ORDERING THE VACATION OF A PUBLIC ALLEY LOCATED NORTH OF MISSION BOULEVARD, BETWEEN LINDEN STREET AND PALOMARES STREET, VACATION NO. V-318 WHEREAS, the City of Pomona Public Works Department - Engineering Division is initiating the proceedings for the vacation of the public alley located north of Mission Boulevard, between Linden Street and Palomares Street, within Block 71 of Pomona Tract, in the City of Pomona, County of Los Angeles, State of California, recorded in Book 3, pages 90 and 91 et seq. of Miscellaneous Maps, in the Office of County Recorder of said County, on behalf of the City of Pomona, current land owner; and WHEREAS, pursuant to the California Streets and Highways Code Section 8324, evidence is presented to allow the vacation of the public alley located north of Mission Boulevard, between Linden Street and Palomares Street; and WHEREAS, pursuant to the California Streets and Highways Code, Sections 8322-8323, notices of the Public Hearing on the proposed alley vacation were published on January 21, 2022 and January 28, 2022 in the Inland Valley Daily Bulletin, notices were posted at least two weeks before the hearing, and an affidavit was filed as required by law; and WHEREAS, there were no protests, oral or written, to such vacation, or any such protests having been heard, have been overruled; and WHEREAS, the subject alley vacation will facilitate the sale of the City-owned land for future development of affordable housing; and WHEREAS, Pursuant to Article 19, Section 15061(b)(3) of the Guidelines for Implementation of the California Environmental Quality Act (CEQA), the Planning Commission determined that this project was exempt from further CEQA review and documentation. Section 15061(b)(3) exempts projects where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment; and WHEREAS, the Planning Commission, on December 8, 2021, made findings and determined that the proposed alley vacation would not adversely affect the General Plan of the City, and would be consistent with the following:
Goal 6B.G2: Locate higher intensity transit oriented development around existing and future Metrolink, Metro Gold Line, High Speed Rail and other transit stations.
Goal 6B.P2: Permit the highest densities and intensities within comfortable walking distance of major transit.
Goal 7B.G5: Remove barriers to new investments.
Goal 7B.G7: Take a proactive approach to guide economic development to achieve the City’s economic vision.
Goal 7B.G12: Promote housing especially move-up workforce housing of various types in diverse settings that serve the needs of Pomona’s core household population while also attracting compact, one- and two-person households.
Goal 7B.G13: Develop collaborative relationships between private and public entities to establish and maintain comprehensive and coordinated economic development process.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Pomona as follows:
SECTION 1. The foregoing recitals are true and correct.
SECTION 2. The City Council finds, based on the evidence submitted, that the public alley located north of Mission Boulevard, between Linden Street and Palomares Street, is not useful for any present or prospective public alley use.
SECTION 3. The City Council finds, pursuant to Streets and Highways Code Section 892 that the public alley located north of Mission Boulevard, between Linden Street and Palomares Street, is not useful as a nonmotorized transportation facility.
SECTION 4. The City Council finds that the proposed alley vacation is consistent with the General Plan and that access to individual properties in the area will not be impaired.
SECTION 5. Pursuant to Article 19, Section 15061(b)(3) of the Guidelines for CEQA Implementation, the City Council determines that the proposed vacation is exempt from further CEQA review and documentation. Section 15061(b)(3) exempts projects where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.
SECTION 6. That the City Council hereby orders the vacation of the alley further described by legal description and maps marked as EXHIBIT “A” and EXHIBIT “B”, excepting and reserving to the City of Pomona a general public utility easement to access, construct, operate, maintain and repair, including but not limited to an easement and right at any time, or from time to time, to construct, maintain, operate, replace, remove, and renew sanitary sewers and storm drains and appurtenant structures in, upon, over, and across a street or highway proposed to be vacated and, pursuant to any existing franchise or renewals thereof, or otherwise, to construct, maintain, operate, replace, remove, renew, and enlarge lines of pipe, conduits, cables, wires, poles, and other convenient structures, equipment, and fixtures for the operation of gas pipelines, telegraphic and telephone lines, railroad lines, and for the transportation or distribution of electric energy, petroleum and its products, ammonia, and water, and for incidental purposes, including access to protect these works from all hazards in, upon, and over the street/alley being vacated. EXHIBITS “A” and “B” are attached hereto and by reference made a part hereof.
SECTION 7. The proposed alley vacation is subject to the following conditions that the property owner is responsible to comply with:
No buildings and/or permanent structures are allowed to be constructed within the aforementioned public utility easement.
Unrestricted access shall be provided to all public utilities that have requested easement rights, including, but not limited to, the City of Pomona and Southern California Edison Company.
SECTION 8. The City Clerk shall attest and certify to the passage and adoption of this Resolution and it shall become effective immediately upon its approval.
PASSED, APPROVED AND ADOPTED this 7th day of February, 2022.
CITY OF POMONA:
______________________________
Tim Sandoval
Mayor
APPROVED AS TO FORM: ATTEST:
________________________________ ______________________________ Sonia Carvalho Rosalia A. Butler, MMC
City Attorney City Clerk
I, HEREBY CERTIFY that the foregoing resolution was duly adopted by the City Council of the City of Pomona at a regular meeting thereof held on February 7th, 2022 by the following vote of the Council:
AYES:
NOES:
ABSTAIN:
ABSENT:
Rosalia A. Butler, MMC
City Clerk
ATTACHMENT NO. 1
Resolution No. 2022-19
February 7, 2022
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