CITY OF POMONA
COUNCIL REPORT
May 6, 2024
To: Honorable Mayor and Members of the City Council
From: Anita D. Gutierrez, City Manager
Submitted By: Rene Guerrero, Public Works Director
SUBJECT: APPROVAL OF SUMMARY VACATION VU2-2023 OF THE CITY’S UNUSED STREET EASEMENT (PORTION OF HILLMAN AVENUE) WITHIN THE BOUNDARY OF THE RESIDENTIAL LOT LOCATED AT 1194 W. GRAND AVENUE, POMONA, CA, ASSESSOR PARCEL NUMBER 8343-013-053, RELATED TO THE FUTURE IMPROVEMENTS OF THE PROPERTY; APPROVAL OF THE QUITCLAIM DEED FOR THE VACATED EASEMENT (COUNCIL DISTRICT 2) RECOMMENDATION:
Adopt the following resolution:
RESOLUTION NO. 2024-66 – A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, ORDERING THE SUMMARY VACATION VU2-2023 OF THE CITY’S UNUSED STREET EASEMENT (PORTION OF HILLMAN AVENUE) WITHIN THE BOUNDARY OF THE RESIDENTIAL LOT LOCATED AT 1194 W. GRAND AVENUE, POMONA, CA, ASSESSOR PARCEL NUMBER 8343-013-053, AND APPROVING QUITCLAIM DEED FOR THE VACATED EASEMENT; and
Authorize the City Manager to execute the quitclaim deed on behalf of the City.
EXECUTIVE SUMMARY:
The Pomona Public Works Department - Engineering Division (City) is initiating the summary vacation of the City’s unused street easement (portion of Hillman Avenue) within the boundary of the residential lot located at 1194 W. Grand Avenue, Assessor Parcel Number APN 8343-013-053, to allow for future improvements of this privately-owned property. Adoption of Resolution No. 2024-66 (Attachment No. 1) will approve: (i) the summary vacation of the existing public street easement that is unused and unnecessary, and (ii) the Quitclaim Deed (EXHIBIT 1 to the Resolution) for the vacated easement.
SB1439/GOVERNMENT CODE §84308 APPLICABILITY:
☐ When this box is checked, it indicates the agenda item is subject to the Levine Act SB1439 requirements. Councilmembers are reminded to check their campaign contributions and determine whether they have received a campaign contribution of $250 or more that would require disclosure and/or recusal from discussing or acting on this agenda item. Campaign contributions of $250 or more made 1) by any person or entity who is identified in the agenda report as the applicant or proposer, 2) on behalf of the applicant or participant, including a parent, subsidiary or otherwise related business entity, or 3) by any person who has a financial interest in the agenda item requires a councilmember to comply with SB1439.
FISCAL IMPACT:
No fiscal impact at this time.
PREVIOUS RELATED ACTION:
On December 26, 1950, the City Council adopted Ordinance No. 1199 (Attachment No. 2) approving the Master Plan of Principal Streets and Highways of the City of Pomona.
On October 9, 1961, the City Council adopted Ordinance No. 1765 (Attachment No. 3), amending the Master Plan of Principal Streets and Highways of the City of Pomona by establishing the official plan lines of Hillman Avenue, between Grand Avenue and Fernleaf Avenue and between Buena Vista Avenue and Hamilton Boulevard.
On July 20, 1992, the City Council adopted Resolution No. 91-141 (Attachment No. 4) approving the amendment to Precise Alignment No. 9 PA 92-001 to allow the deletion of Hillman Avenue located north of Fernleaf Avenue, south of Grand Avenue, East of Buena Vista Avenue, and west of Hamilton Boulevard from the Master Plan of Principal Streets and Highways of the City of Pomona.
On June 26, 2019, the Planning Commission adopted Resolution No. 19-028 (Attachment No. 5) approving Conditional Use Permit CUP 8366-2017 for the construction of one (1) new residential unit in addition to the existing five (5) apartment units at 1194 W. Orange Grove Avenue, APN 8343-013-053.
ENVIRONMENTAL IMPACT:
No impact at this time.
DISCUSSION:
The property located at 1194 W. Grand Avenue, APN 8343-013-053, is a 0.53-acre residential lot on the south side of Grand Avenue, between Buena Vista Avenue and Hamilton Boulevard. It is currently developed with five two-story apartment buildings served by a common driveway, two-car garages, one guest parking space, and landscaping improvements (Attachment Nos. 6 and 7).
The Planning Commission approved the construction of a new two-story apartment unit and one two-car garage at the rear of the site, along with two additional visitor parking spaces (Attachment No. 8).
In December 2021, a permit application was submitted to the Pomona Building and Safety Division for the construction of the new apartment unit. In accordance with the CUP conditions of approval, the issuance of the construction permit was bound by the vacation of the existing 30-foot wide street easement granted to the City by the landowner in 1986 (Attachment No. 9) for the planned Hillman Avenue. Subsequent to the 1992-approved Amendment to Precise Alignment No. 9 PA 92-001, Hillman Avenue was deleted from the City’s Master Plan of Principal Streets and Highways. Therefore, the City is initiating the summary vacation of the City’s unused street easement (portion of Hillman Avenue) within the boundary of the residential lot located at 1194 W. Grand Avenue, APN 8343-013-053. This action is in compliance with Section 8333(c) of the Streets and Highways Code, which provides authority for the City to summarily vacate an “easement that has been superseded by relocation, or determined to be excess by the easement holder, and there are no other public facilities located within the easement”.
The street 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 associated street easement Quitclaim Deed, will facilitate the completion of the project and the issuance of the Certificate of Occupancy.
Prepared by:
Carmen Barsu
Associate Civil Engineer
ATTACHMENT(S):
Attachment No. 1 - Proposed Resolution No. 2024-66 with VU2-2023 Quitclaim Deed as EXHIBIT 1, Legal Description as EXHIBIT “A” and Map as EXHIBIT “B” Attachment No. 2. - City Council Ordinance No. 1199
Attachment No. 3 - City Council Ordinance No. 1765
Attachment No. 4 - City Council Resolution No. 91-141
Attachment No. 5 - Planning Commission Resolution No. 19-028 Attachment No. 6 - Vicinity Map
Attachment No. 7 - Aerial Map
Attachment No. 8 - Proposed Site Plan
Attachment No. 9 - Street Easement Instrument No. 86-1061819 Resolution Ordering the Summary Vacation VU2-2023 of the City’s Unused Street Easement within the Property Located at 1194 W. Grand Avenue (Portion of Hillman Avenue) (Council District 2)