CITY OF POMONA
COUNCIL REPORT
February 7, 2022
To: Honorable Mayor and Members of the City Council
From: James Makshanoff, City Manager
Submitted By: Rene Guerrero, Public Works Director
SUBJECT: PUBLIC HEARING REGARDING THE VACATION OF A PUBLIC ALLEY LOCATED NORTH OF MISSION BOULEVARD, BETWEEN LINDEN STREET AND PALOMARES STREET, VACATION NO. V-318, AND ADOPTION OF A RESOLUTION ORDERING VACATION NO. V-318 (COUNCIL DISTRICT 2) RECOMMENDATION: It is recommended that the City Council take the following actions:
Conduct a Public Hearing regarding 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, Vacation No. V-318, to consider evidence presented pursuant to Sections 8324 of California Streets and Highways Codes; and Upon receiving public comment and testimony and finding that the alley to be vacated is unnecessary for present or future public alley use, conclude the public hearing and adopt the following Resolution:
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 EXECUTIVE SUMMARY: The City of Pomona’s (City) Public Works Department - Engineering Division is initiating the proposed alley vacation on behalf of the City. The City is the current land owner of the property located 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. The aforementioned real property is associated with Assessor Parcel Numbers (APNs) 8335-014-907, -910, 915, -916, -919, -920 and -921. Approval of the Resolution (Attachment No. 1) will facilitate the proposed alley vacation and the sale of the property for future development of affordable housing. A utility easement will be reserved over the entire alley area proposed for vacation.
FISCAL IMPACT: None.
PUBLIC NOTICING REQUIREMENTS: California Streets and Highways Code, Section 8322-8323, requires the notice of a public hearing to be published in a local newspaper for at least two successive weeks, the first publication being at least fifteen days prior to the hearing. The notice of public hearing for the proposed vacation was published on January 21, 2022 and January 28, 2022, in the Inland Valley Daily Bulletin (Attachment No. 2). Also, in accordance with Section 8323, notices were posted on site, at least two weeks before the hearing.
PREVIOUS CITY COUNCIL ACTION: No previous action.
PREVIOUS PLANNING COMMISSION ACTION: On December 8, 2021, the Planning Commission adopted Resolution No. 21-034 (Attachment No. 3) approving General Plan Conformity Assessment GPC 17348-2021 and making the finding that the proposed public alley vacation would not adversely affect the General Plan of the City. The proposed vacation was determined to 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.
ENVIRONMENTAL IMPACT: 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.
DISCUSSION: The City-owned property located within Block 71 of Pomona Tract, bordered by Mission Boulevard, Linden, Palomares and Fourth Streets, consists of (i) eight vacant lots designated by the APNs 8335-014-907, -910, 915, -916, -919, -920 and -921 and (ii) the 20-foot wide alley proposed for vacation. The property total area is approximately 1.44 acres (Attachment Nos. 4 and No. 5). The lots are being considered by the National Community Renaissance (National CORE) organization as the location for an affordable multi-family development. A Development Plan Review (DPR) application has been submitted to the Pomona Planning Division and is currently under review for the construction of seventy-five (75) one-, two- and three-bedroom apartments. The development includes an at-grade parking lot and landscaping improvements. The residential units range in size from 642 to 1,498 square feet.
Prior to and as a condition of the land acquisition by National CORE, the Public Works Department - Engineering Division has initiated the vacation of the existing public alley located within the aforementioned Block 71 of the Pomona Tract.
Pursuant to Section 8324 of the California Streets and Highways Code, evidence is presented for the proposed alley vacation as follows:
Pursuant to the California Streets and Highways Code Sections 8322-8323, notice of the public hearing on the proposed vacation was published, notices were posted at least two weeks before the hearing, and an affidavit was filed as required by law.
No protests have been received.
The proposed vacation is exempt from further CEQA review and documentation.
The Planning Commission has made a General Plan Conformity Assessment.
The proposed alley vacation will facilitate the sale of the City land for affordable housing future development.
The public alley Vacation No. V-318, as described in EXHIBIT “A” and depicted in EXHIBIT “B” to the Resolution, is proposed for approval subject to the following conditions that the property owner is responsible to comply with:
A public utility easement shall be reserved over the entire public alley area proposed for vacation, as described in EXHIBIT “A”, and shown on EXHIBIT “B”, in compliance with the California Streets and Highways Code Sections 8340 and 8341.
No buildings and/or permanent structures are allowed to be constructed within the reserved public utility easement.
Unrestricted access shall be provided to all public utilities that have requested easement rights, including but not limited to: City of Pomona and Southern California Edison Company.
Approval of the requested public alley vacation will allow the development of the full City block located between Mission Boulevard, Palomares Street, Fourth Street and Linden Street into an affordable, work-live mixed-use housing project.
Prepared by:
_____________________________
Carmen Barsu
Associate Civil Engineer
ATTACHMENTS:
Attachment No. 1 - Proposed Resolution No. 2022-19 with Legal Description as EXHIBIT “A” and Map as EXHIBIT “B” Attachment No. 2 - Notice of Public Hearing
Attachment No. 3 - Planning Commission Resolution No. 21-034 Attachment No. 4 - Vicinity Map
Attachment No. 5 - Aerial Map
Public Hearing Regarding the Vacation of Public Alley Located North of Mission Boulevard, Between Linden Street and Palomares Street, Vacation No. V-318, (Council District 2) February 7, 2022
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