CITY OF POMONA
COUNCIL REPORT
May 1, 2023
To: Honorable Mayor and Members of the City Council
From: James Makshanoff, City Manager
Submitted By: Rene Guerrero, Public Works Director
SUBJECT: APPROVAL OF SUMMARY VACATION VU1-2023 OF THE CITY’S UNUSED PUBLIC UTILITY EASEMENT LOCATED WITHIN THE PROPERTY ASSOCIATED WITH ASSESSOR PARCEL NUMBER 8323-023-029 AND RELATED TO THE PROPOSED MIXED-USE DEVELOPMENT AT 1321 E. HOLT AVENUE, POMONA, CA, AND APPROVAL OF QUITCLAIM DEED FOR THE VACATED EASEMENT (COUNCIL DISTRICT 4) RECOMMENDATION:
It is recommended that the City Council take the following actions:
Adopt the following resolution:
RESOLUTION NO. 2023-64 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, ORDERING THE SUMMARY VACATION VU1-2023 OF THE CITY’S UNUSED PUBLIC UTILITY EASEMENT LOCATED WITHIN THE PROPERTY ASSOCIATED WITH ASSESSOR PARCEL NUMBER 8323-023-029 AND RELATED TO THE PROPOSED MIXED-USE DEVELOPMENT AT 1321 E. HOLT AVENUE, POMONA, CA. AND APPROVAL OF QUITCLAIM DEED FOR THE VACATED EASEMENT; and Authorize the City Manager to execute the quitclaim deed on behalf of the City of Pomona.
EXECUTIVE SUMMARY:
Adoption of Resolution No. 2023-64 (Attachment No. 1) will approve: (i) the summary vacation of the existing public utility easement that is unused and unnecessary for the proposed mixed-use development located at 1321 E. Holt Avenue, and (ii) the Quitclaim Deed (EXHIBIT 1 attached to the Resolution) requested by the landowner for the vacated easement.
FISCAL IMPACT:
No fiscal impact at this time.
PREVIOUS RELATED ACTION:
On January 14, 2021, the Development Services Director adopted Resolution No. 21-001 (Attachment No. 2) approving the Development Plan Review DPR 14491-2020 application for the construction of a 125-unit affordable housing complex together with 6,000 square foot pharmacy/medical clinic on a 2.36-acre site located at 1321 E. Holt Avenue, Assessor Parcel Number (APN) 8323-023-029.
DISCUSSION:
David R. Chapin with DCI Engineering, Inc., applicant on behalf of Pomona Housing Development, LP, owner of the property located at 1321 E. Holt Avenue (Attachment Nos. 3 and 4), has submitted a request to the Public Works Department for the summary vacation of the unused public utility easement located within the boundary of APN 8323-023-029. The easement was originally granted to the City of Pomona (City) with Tract Map No. 14844, recorded on May 5, 1948, in Book 323, pages 47 and 48, in the Los Angeles County Recorder Office (Attachment No. 5). The City has no public infrastructure installed within said easement. Additionally, utilities belonging to Southern California Edison and Frontier Communications located within the easement have been removed.
Pomona Housing Development, LP, landowner, is in the process of obtaining all necessary City permits to develop the property with three (3) four-story structures consisting of 125 affordable housing units, a 6,000 square-foot pharmacy/medical clinic, subterranean and at-grade parking facilities, private and shared open space, onsite landscaping, and offsite improvements. To ensure clear title to the property and allow the project implementation as approved by the Planning Commission, the landowner is requesting (i) the summary vacation of the City public utility easement as being no longer needed and (ii) the approval of the Quitclaim Deed associated with the vacated easement.
The public utility easement proposed for vacation is legally described in EXHIBIT “A” and depicted in EXHIBIT “B” attached to the Resolution.
The approval and adoption of the Resolution, and the approval of the public utility easement Quitclaim Deed, will facilitate the completion of the project in accordance with the development plans.
Prepared by:
Carmen Barsu
Associate Civil Engineer
ATTACHMENTS:
Attachment No. 1 - Proposed Resolution No. 2023-64 with VU1-2023 Quitclaim Deed as EXHIBIT 1, Legal Description as EXHIBIT “A” and Map as EXHIBIT “B” Attachment No. 2 – Development Plan Review Resolution No. 21-001 Attachment No. 3 - Vicinity Map
Attachment No. 4 – Aerial Map
Attachment No. 5 – Tract Map No. 14844
Resolution Ordering the Summary Vacation VU1-2023 of the City’s Unused Public Utility Easement within the Property Located at 1321 E. Holt Avenue (Council District 4) May 1, 2023
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