CITY OF POMONA
COUNCIL REPORT
September 9, 2024
To: Honorable Mayor and Members of the City Council
From: Anita D. Gutierrez, City Manager
Submitted By: Rene Guerrero, Public Works Director
SUBJECT: PUBLIC HEARING REGARDING THE REVERSION TO ACREAGE OF PROPERTY LOCATED AT 252 W. FRANKLIN AVENUE, POMONA, CA, ASSESSOR PARCEL NUMBER 8344-021-033, ASSOCIATED WITH RECORDED TRACT MAP TM NO. 63194, AND ADOPTION OF A RESOLUTION ORDERING THE REVERSION TO ACREAGE BY APPROVING PARCEL MAP PM NO. 83127 – REVERSION TO ACREAGE (COUNCIL DISTRICT 2) RECOMMENDATION:
It is recommended that the City Council take the following actions:
Conduct the public hearing regarding the reversion to acreage proceedings for the property located at 252 W. Franklin Avenue, pursuant to California Government Code Sections 65090 and 65091, Subdivision Map Act Section 66499.15, and Pomona Zoning and Development Code Section 1120, to consider evidence presented pursuant to Subdivision Map Act Section 66499.16; Upon receiving public comment and testimony, conclude the public hearing and adopt the following resolution:
RESOLUTION NO. 2024-140 – A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, ORDERING THE REVERSION TO ACREAGE OF PROPERTY LOCATED AT 252 W. FRANKLIN AVENUE, POMONA, CA, ASSESSOR PARCEL NUMBER 8344-021-033, ASSOCIATED WITH RECORDED TRACT MAP TM NO. 63194, AND APPROVING PARCEL MAP PM NO. 83127 – REVERSION TO ACREAGE; and Authorize the City Engineer to sign the Parcel Map PM 83127 - Reversion to Acreage on behalf of the City of Pomona.
EXECUTIVE SUMMARY:
The City of Pomona Public Works Department - Engineering Division is processing the reversion to acreage of the property located at 252 W. Franklin Avenue on behalf of Walker Residences, LLC, landowner, in accordance with Pomona Zoning and Development Code Section 1020.E and Subdivision Map Act Sections 66499.11-66499.20.1. Reversion to acreage is the dissolution of a formerly approved subdivision by authorizing the filing of a parcel map that would reestablish the lot lines, as they existed prior to the subdivision. The aforementioned real property is associated with Assessor Parcel Number (APN) 8344-021-033 and was previously subdivided for residential condominium purposes upon the 2007 recordation of Tract Map No. 63194. Approval of Resolution No. 2024-140 (Attachment No. 1) will facilitate the proposed reversion to acreage by authorizing the approval of Parcel Map PM No. 83127 – Reversion to Acreage (Attachment No. 1 – Exhibit “A”). Said parcel map has been prepared and submitted for approval.
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 or 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.
PUBLIC NOTICING REQUIREMENTS:
Pursuant to California Government Code Sections 65090 and 65091, Subdivision Map Act Sections 66499.15 and 66451.3, and Pomona Zoning and Development Code Section 1120.C(3) of the, the notice of public hearing shall be given as follows:
Published one (1) time, in at least one newspaper of general circulation within the City jurisdiction, at least ten (10) days prior to the hearing.
Mailed or delivered at least ten (10) days prior to the public hearing to the owner of the subject real property, to the owner’s duly authorized agent, if any, and to the project applicant.
Given to any owner of a mineral right pertaining to the subject real property who has recorded a notice of intent to preserve the mineral right pursuant to Civil Code Section 883.230.
Mailed or delivered at least ten (10) days prior to the public hearing to each local agency expected to provide water, sewage, streets, roads, schools, or other essential facilities or services to the project, whose abilities to provide those facilities and services may be significantly affected.
Mailed or delivered at least ten (10) days prior to the public hearing to all owners of real property as shown on the latest equalized assessment roll within 400 feet of the real property that is the subject of the hearing.
Posted at least ten (10) days prior to the public hearing in at least three public places within the City’s boundaries, including one public place in the area directly affected by the proceedings.
The Notice of Public Hearing (Attachment No. 2) for the proposed reversion to acreage was mailed out on August 21, 2024, published on August 23, 2024 in the Inland Valley Daily Bulletin, and posted on-site on August 29, 2024.
PREVIOUSLY RELATED ACTIONS:
On February 26, 2024, the City Council adopted Resolution No. 2024-23 approving (i) the initiation of the reversion to acreage proceedings for the property located at 252 W. Franklin Avenue, APN 8344-021-033, associated with recorded Tract Map TM No. 63194 and (ii) the setting of a public hearing regarding the proposed reversion to acreage (Attachment No. 3).
On November 20, 2006, the City Council approved Tract Map No. 63194 (Attachment No. 4) for a six-unit residential condominium subdivision at 252 W. Franklin Avenue.
On March 8, 2006, the Planning Commission adopted Resolution No. 06-017, approving Tentative Tract Map TTM 05-013 for a six-unit residential condominium subdivision at 252 W. Franklin Avenue (Attachment No. 5).
ENVIRONMENTAL IMPACT:
Pursuant to the California Code of Regulations, Title 14, Guidelines for the Implementation of the California Environmental Quality Act (CEQA), Section 15305(c), the proposed reversion to acreage is categorically exempt from the requirement for the preparation of environmental documents in that the activity is a minor alteration in land use limitations.
DISCUSSION:
The real property addressed as 252 W. Franklin Avenue, APN 8337-002-007, is a 26,029-square foot parcel consisting of Lot 1 of Tract No. 63194, recorded in Book 1342, Pages 90 and 91 of Maps, in the Los Angeles County Recorder’s Office. The property is located on the south side of Franklin Avenue, between Garey and Park Avenues, and is currently undeveloped (Attachment Nos. 6 and 7).
To date, none of the initially proposed improvements associated with the proposed 6-unit condominium development and the 2007 recorded Tract Map No. 63194 have been constructed. In 2020, the current landowner submitted multiple permit applications to the Pomona Building and Safety Division for the lot grading and construction of eight apartment units on the property, with a proposed site plan and access that did not conform to the previously approved site plan associated with Tract Map TM No. 63194. Furthermore, in 2023, the landowner revised the site layout and submitted updated permit applications for the construction of nine apartment units; again, not in conformance with Tract Map TM No. 63194. To facilitate the implementation of the new project configuration, the City is conducting a public hearing to revert the property to acreage by authorizing the approval of Parcel Map PM No. 83127 – Reversion to Acreage, which would reestablish the lot lines as they existed prior to the 2007 recorded tract map.
The public hearing is conducted pursuant to California Government Code Sections 65090 and 65091, Subdivision Map Act Section 66499.15, and Pomona Zoning and Development Code Section 1120. In addition, as required by Subdivision Map Act Sections 66499.13, 66499.16, and 66499.17, the following information has been confirmed:
Title to the real property, as evidence of ownership;
Dedications or offers of dedications to be vacated or abandoned by the reversion to acreage are unnecessary for present or prospective public purposes; Landowner consent to the reversion to acreage;
Sufficient data to enable the legislative body to make all of the necessary determinations and findings; and Submittal of a new, one-lot Parcel Map, PM No. 83127 – Reversion to Acreage, which delineates dedications that will not be vacated and dedications that are a condition to reversion.
Adoption of Resolution No. 2024-140 approving (i) the proposed reversion to acreage along with (ii) Parcel Map PM No. 83127 – Reversion to Acreage, and the subsequent recordation of said parcel map, will allow the property owner to proceed with the development of the proposed apartment project.
Prepared by:
Carmen Barsu
Associate Civil Engineer
ATTACHMENTS:
Attachment No. 1 – Proposed Resolution No. 2024-140 with Parcel Map PM No. 83127 as EXHIBIT “A” Attachment No. 2 – Notice of Public Hearing
Attachment No. 3 – City Council Resolution No. 2024-23
Attachment No. 4 – Tract Map No. 63194
Attachment No. 5 – Planning Commission Resolution No. 06-017 Attachment No. 6 – Vicinity Map
Attachment No. 7 – Aerial Map
Public Hearing Regarding the Reversion to Acreage for Property Located at 252 W. Franklin Ave., Pomona, CA; Resolution Approving Parcel Map No. 83127 September 9, 2024
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