CITY OF POMONA
COUNCIL REPORT
April 17, 2023
To: Honorable Mayor and Members of the City Council
From: James W. Makshanoff, City Manager
Submitted By: Anita Gutierrez, AICP, Development Services Director SUBJECT: RE-NOTICED PUBLIC HEARING OF APPEAL OF MAJOR CERTIFICATE OF APPROPRIATENESS NO. 18024-2022 FOR PROPERTY LOCATED AT 548 AND 554 W. CENTER STREET, PREVIOUSLY HEARD ON NOVEMBER 21, 2022; DECEMBER 5, 2022; AND JANUARY 23, 2023 RECOMMENDATION:
It is that the City Council adopt the following resolution (Attachment No. 1):
RESOLUTION NO. 2022-14 – A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, APPROVING MAJOR CERTIFICATE OF APPROPRIATENESS (MAJCOA-018024-2022) TO ALLOW FOR THE DEMOLITION OF PRE-1945 STRUCTURES LOCATED AT 548 AND 554 W. CENTER STREET (APN: 8340-030-006 & 8340-030-012) EXECUTIVE SUMMARY:
The matter before the City Council is an appeal, by the project applicant, of the Historic Preservation Commission’s (Commission) decision on Major Certificate of appropriateness No. 18024-2022. Since the last time this matter was before the Council, additional conditions were introduced to ensure re-location costs were covered. The recommended action would declare that there are no historic resources present and would allow the applicant to move forward with a demolition permit.
PUBLIC NOTICING REQUIREMENTS:
Pursuant to Section .5809-13, of the City of Pomona Zoning Ordinance (Historic Preservation), a notice of public hearing shall be sent to the applicant and mailed to all owners of property located directly adjacent to and directly across the street from the subject site at least thirty days prior to the date of public hearing. Additionally, legal notice shall be provided at least ten days prior to the public hearing in a newspaper of local circulation. A notice of public hearing was sent to the applicant, tenants, and owners of adjoining properties on March 4, 2023 and was included on the March 13, 2023 publication of the Inland Valley Daily Bulletin. (Attachment No. 3).
PREVIOUS RELATED ACTION:
On September 7, 2022, the Commission held a public hearing concerning the requested Major Certificate of Appropriateness (COA). At this hearing, while Planning Division Staff brought forward a recommendation to approve the request, the Commission made a motion to deny Staff’s recommendation and directed Staff to return to Commission with findings for denial on a 5-2-0-0 vote.
At the next regularly scheduled Commission meeting on October 5, 2022, Planning Division Staff brought forward a similar recommendation to approve the request as Staff had re-evaluated the properties and did not find sufficient evidence to support the designation criteria or the integrity requirements to be designated as local historic landmarks. The commission made a motion to deny the Major COA based upon their determination that despite alterations, the structures on both properties are contributing and have sufficient integrity, and are deemed to be of historic significance. This motion passed on a 4-3-0-0 vote.
On October 13, 2022, the property owner filed an appeal (Attachment No. 4) of the decision of the Commission. The City Council held a public hearing on the appeal on November 21, 2022 (Attachment No. 4). At this meeting the City Council directed Planning Staff to conduct mediation between the property owner and the tenants, represented by People United for Stable Housing (PUSH) which took place on November 30, 2022. At the City Council meeting on December 5, 2022, the City Council continued the public hearing to January 23, 2023 as requested by the applicant. At the City Council meeting on January 23, 2023, the City Council continued the item to a date uncertain. The previous City Council staff report is attached for reference (Attachment No. 2).
ENVIRONMENTAL IMPACT:
Pursuant to the Guidelines for Implementation of the California Environmental Quality Act (CEQA), the proposed project meets the criteria for a Class 1, Section 15301 Categorical Exemption (Existing Facilities), as the project consists of the demolition and removal of individual small structures including a single family residence and multifamily residential structure. However, should the proposed project be denied by the City Council, no environmental determination will be required for projects that will be rejected or disapproved by a public agency, pursuant to the CEQA Guidelines.
DISCUSSION:
At the Historic Preservation Commission public hearing on September 7 and October 5, 2022, Staff had determined that the subject properties do not meet the designation criteria or the integrity requirements for local historic landmark designation, nor as a contributor to a potential historic district. The Commission considered if the properties would meet the criteria used in historic landmark designation and made findings that the subject properties meet Criteria 3 and 4 of the designation criteria listed in the City’s Historic Preservation Ordinance.
Criterion 3 reads “It embodies distinctive characteristics of a style, type, period, or method of construction, or is a valuable example of the use of indigenous materials or craftsmanship.” Criterion 4 reads “It contributes to the significance of an historic area, being a geographically definable area possessing a concentration of historic or scenic properties or thematically related grouping of properties which contribute to each other and are unified aesthetically by plan or physical development.” By deciding that the properties meet Criteria 3 and 4 used in historic landmark designation, the properties are deemed to be of historical significance and the Commission denied the certificate of appropriateness for demolition unless it meets the criteria for economic hardship. The approved Historic Preservation Commission Resolution No. 2022-026 has been provided as Attachment No. 5.
The property owner appealed the decision of the HPC on October 13, 2022 to the City Council which held a public hearing on the matter on November 21, 2022 where City Council directed Planning Staff to conduct mediation between the property owner and the tenants, represented by PUSH. Through mediation, an agreement between the property owner and the tenants of the subject property was reached. The agreement, as documented in Condition No. 4 of Resolution No. 2023-14, consists of the payment of $22,950 in relocation benefits for each of the remaining five leases at 548 W. Center Street and to allow the tenants to remain in the units for at least six months prior to the proposed demolition date. These items have been included in the draft condition of approval and fully satisfy SB330 relocation obligations and City regulations intended to protect tenants when housing units are demolished for development of new housing units.
ALTERNATE RECOMMENDATION:
Alternatively, the City Council may deny the appeal and uphold the decision of the Historic Preservation Commission by adopting the following resolution (Attachment No. 6):
RESOLUTION NO. 2023-13 – A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, DENYING MAJOR CERTIFICATE OF APPROPRIATENESS (MAJCOA-018024-2022) FOR THE DEMOLITION OF PRE-1945 STRUCTURES ON PROPERTIES LOCATED AT 548 AND 554 W. CENTER STREET (APN: 8340-030-006 & 8340-030-012) ATTACHMENTS:
Attachment No. 1 – Draft City Council Resolution No. 2023-14 (Approve Appeal) Attachment No. 2 – City Council Meeting Staff Report with Attachments for January 23, 2023 Attachment No. 3 – Notice of Public Hearing and Proof of Publication Attachment No. 4 – Appeal Application and Letter Submitted by Applicant dated October 13, 2022 Attachment No. 5 – Approved Historic Preservation Commission Resolution No. 2022-026 Attachment No. 6 – Draft City Council Resolution No. 2023-13 (Deny Appeal) Attachment No. 7 – Staff Presentation
Appeal of Denied MAJCOA No.18024-2022