Attachment No. 1
RESOLUTION NO. 2024-16
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, APPROVING A FIRST AMENDMENT TO AN AFFORDABLE HOUSING DISPOSITION AND DEVELOPMENT AGREEMENT BETWEEN THE CITY OF POMONA AND NATIONAL COMMUNITY RENAISSANCE OF CALIFORNIA FOR THE DEVELOPMENT OF CERTAIN REAL PROPERTY LOCATED AT 501 EAST MISSION BOULEVARD (APN: 8335-014-907, 910, 915, 916, 919, 920 & 921) PURSUANT TO GOVERNMENT CODE SECTION 37364, AND FINDING THE SAME CATEGORICALLY EXEMPT FROM CEQA WHEREAS, the City of Pomona (“City”) currently owns in fee that certain real property located at 501 East Mission Boulevard in the City of Pomona (APN: 8335-014-907, -910, -915, -916, -919, -920 and -921) and legally described in Exhibit “A” attached to this resolution and incorporated by reference herein (the “Property”); and WHEREAS, the City has no use for the Property and desires to sell the Property by virtue of entering into an Affordable Housing Disposition and Development Agreement (“Agreement”) with National Community Renaissance of California (“Developer”), which is on file at the offices of the City and incorporated into this Resolution by reference; and WHEREAS, the City and Developer have previously entered into said Agreement, which was approved by City via adoption of Resolution No. 2022-77 on June 6, 2022; and WHEREAS, the Developer proposes to develop the Property as a new construction family development consisting of 75 apartment units, including 15 live-work ground floor units with 1 manager’s unit, 8 one-bedroom units to be operated under the Housing Choice Voucher Program using Project-Based Vouchers (PBVs) and the remaining 66 units targeted to families earning between 30% to 60% AMI, as well as a 3,766 square foot leasing and amenity space with a large multi-purpose community room, space for after-school programs, and group and individual conference rooms (the “Project”); and WHEREAS, in accordance with Government Code Section 54220 et seq. (the “Surplus Land Act”) and Government Code Section 37364, the City Approved the Agreement to provide for the sale of the Property at fair market value, and bind Developer to construct the Project, subject to all required approvals and environmental compliance, in a timely manner, and in accordance with the terms therein; and WHEREAS, the Developer’s proposed acquisition of the Property and the Developer’s anticipated construction of the Project on the Property, in accordance with the terms of the Agreement, are in the best interest of the City and of the health, safety and welfare of the residents of the City. Implementation of the Agreement will further the goals and objectives of the City’s general plan and the goals and objectives of the City by: (i) providing for the development of affordable housing, (ii) strengthening the City’s land use and social structure, and (iii) alleviating economic and physical blight on the Property; and WHEREAS, successful implementation of the project requires additional financial resources as described in the proposed First Amendment.
NOW, THEREFORE, the City Council of the City of Pomona, California does hereby find, order, and resolve as follows:
SECTION 1. The Recitals set forth above are true and correct and are incorporated into this Resolution by this reference.
SECTION 2. The City Council finds that the sale of the Property pursuant to the Agreement and the First Amendment will further the goals and purposes of the City, and is in the best interest of the City and of the health, safety and welfare of the residents of the City.
SECTION 3. The City Council of the City hereby finds and determines that the DDA and the First Amendment involve the sale of surplus government property, and the sale of surplus government property is exempt from environmental review under the California Environmental Quality Action pursuant to a Class 12 categorical exemption. Specifically, the government property is not located in an area of statewide, regional or area wide concern as defined in State CEQA Guidelines, section 15206(b)(4). The Property is not located in any of the following: the Lake Tahoe Basin, the Santa Monica Mountains Zone, the California Coastal Zone, an area within ¼ mile of a wild and scenic river, the Sacramento-San Joaquin Delta, the Suisun Marsh, or the jurisdiction of the San Francisco Bay Conservation and Development Commission. Therefore, the City Council’s adoption of this Resolution and approval of the DDA is exempt from CEQA review. The City Council of the City hereby further finds and determines that none of the exceptions to the categorical exemptions in State CEQA Guidelines, section 15300.2 applies. Specifically, the proposed project would not result in a cumulative impact of successive projects of this same type in the same place. The City can only sell this Property once. Moreover, the City’s disposal of this surplus land does not involve a reasonable possibility that the sale will have a significant effect on the environment due to unusual circumstances. There is nothing unusual about the disposal of surplus land that would lead to an environmental effect. The Property is not located within or adjacent to a highway officially designated as a state scenic highway. Thus, the sale of the Property would not result in damage to scenic resources within such a designated highway. The Property is not on the Cortese list compiled pursuant to Government Code Section 65962.5. The Property is not a historical resource and thus the sale of it would not impact such a resource. Thus, none of the exceptions to the categorical exemptions applies. The DDA, as amended by the First Amendment, is exempt from environmental review and no further environmental documentation is required by the California Environmental Quality Act.
SECTION 4. The City Council hereby approves the First Amendment in substantially the form presented, subject to any non-substantive revisions which do not increase the City’s liability and are approved by the City Attorney, and authorizes the City Manager to sign and enter into the first Amendment and perform the obligations of the City thereto.
SECTION 5. If any provision of this Resolution is held invalid, the remainder of this Resolution shall not be affected by such invalidity, and the provisions of this Resolution are severable.
SECTION 6. This Resolution shall become effective immediately upon its adoption.
SECTION 7. The City Clerk of the City of Pomona shall certify as to the adoption of this Resolution.
PASSED, APPROVED, AND ADOPTED this 5th day of February, 2024.
ATTEST: CITY OF POMONA:
_________________________ ______________________
ROSALIA A. BUTLER, MMC Tim Sandoval
City Clerk, MMC Mayor
APPROVED AS TO FORM:
_______________
Sonia Carvalho
City Attorney
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES)
CITY OF POMONA )
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 5, 2024 by the following vote of the Council:
AYES:
NOES:
ABSTAIN:
ABSENT
_______________________
Rosalia A. Butler, MMC
City Clerk
Exhibit A – First Amendment to DDA