RESOLUTION NO. 2024- 135
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA APPROVING TENTATIVE TRACT MAP NO. 84154
TRACTMAP- 021501- 2023) FOR CONDOMINIUM PURPOSES IN
ASSOCIATION WITH THE DEVELOPMENT OF 45 RESIDENTIAL
UNITS AS WELL AS ASSOCIATED ON- SITE AND OFF- SITE
IMPROVEMENTS ON A PROPERTY LOCATED AT 1707 N. TOWNE
AVENUE ( ASSESSOR' S PARCEL NUMBER 8339- 001- 008)
WHEREAS, the applicant, RC Homes, Inc., has submitted an application for a Tentative Tract Map (TRACTMAP- 021501-2023) for condominium purposeson a property located at 1707 N. Towne Avenue ( Assessor' s Parcel Number 8339- 001- 008) WHEREAS, the applicant has concurrently submitted an application for a Development Plan Review ( DPR-021499-2023) to develop a 1.90 acre site, that is currently vacant, with 45, three- story, attached townhome style units as well as associated on- site and off- site improvements including, utilities, private drives, aswell ascommon andprivate open space; WHEREAS, the subject property is currently located within the Administrative Professional (A- P) and SB330 Overlay zoning district;
WHEREAS, the subject property has a General Plan Place Type designation of" Urban Neighborhood" and" Activity Center";
WHEREAS, the subject property has a General Plan Transect Zone designation of " T5" allowing up to 80 dwelling units per acre and "74- A" allowing up to 70 dwelling units per acre; WHEREAS, the proposed project is subject to the provisions of Housing Crisis Act of 2019 also known as Senate Bill 330 ( SB 330);
WHEREAS, the proposed project is subject to the provisions of the city' s Inclusionary Housing Program (Ordinance No. 4295);
WHEREAS, the Planning Commission of the City of Pomona has, after giving notice thereof as required by law, held a public hearing on June 26. 2024, concerning the requested Development Plan Review( TRACTMAP- 021501- 2023); and
WHEREAS, the Planning Commission carefully considered all pertinent testimony as well as the staff report offered in the case as presentedat the public hearing and approved the request for a housing development project ( TRACTMAP- 021501- 2023) at 1707 N. Towne Avenue, subject to a 20 day appealperiod;
Resolution No. 2024- 135
September 9, 2024
WHEREAS, Councilmember Ontiveros- Cole filed an appeal of the Planning Commission' s approval decision on June 26, 2024;
WHEREAS, the City Council did not uphold the Planning Commission's approval decision and directed the matter to a public hearing on August 5, 2024; and WHEREAS, the City Council carefullyconsideredall pertinenttestimonyandthe staff reportofferedin the caseaspresentedat thepublic hearingon August5, 2024, andapprovedthe request for a housing development project ( TRACTMAP- 021501- 2023) at 1707 N. Towne Avenue;
NOW, THEREFORE, BE IT HEREBY RESOLVED bytheCity Councilof theCity of Pomona, California:
SECTION 1. In compliance with the California Environmental Quality Act ( CEQA) guidelines, City Council has determinedthat the proposedproject meetsthe criteria for an exemption under Section 15183 (Projects Consistent with a Community Plan, General Plan or Zoning) of CEQA. Theproposedprojectis consistentwith the City's GeneralPlan; theproposed projectwill notresultin anypeculiarimpactsthatwerenotidentifiedasa significantimpactunder the 2014 General Plan Update EIR ( GPU EIR); the project site has no value as habitat for endangered, rare or threatenedspecies; the proposedproject will not have any significant effects upon the environment that were not identified assignificant in the GPU EIR; the proposedproject will notresultin a potentiallysignificantoffsiteimpactor cumulativeimpactnot discussedin the GPUEIR; the proposedproject will not result in a moresevereimpactdueto substantialnew information that was not known at the time the GPU EIR; and the site can adequately be served byall requiredutilities andpublicservices. Therefore,nofurtherenvironmentalreviewis required.
SECTION 2. If anypart, provision, or sectionof this resolutionis determinedby acourt or other legal authority with jurisdiction over the subject matter of this resolution to be unenforceableor invalid, theremainderof theentiretyof this resolutionshallnot beaffectedand shall continue in full force and effect. To this end, the provisions of this resolution are severable.
SECTION 3. Pursuant to Section 66474 of the California Government Code ( Subdivision MapAct) andtheCity' s SubdivisionOrdinance, theApprovingbodymustmakesevenfindings in order to approve Tentative Tract Map No. 84154 ( TRACTMAP- 021501- 2023). Based on considerationof the wholerecordbeforeit, includingbut not limited to, the staff report, public testimonyreceivedat the public hearingon this matter, andevidencemadepart of the public record, theCity Councilherebyfinds asfollows:
1. Theproposedtentativetract nicipisconsistentwith thegeneralplan andapplicablespecific plan.
Resolution No. 2024- 135
September 9, 2024
Theprojectsitehasa GeneralPlanPlaceTypedesignationof Activity CenterandUrban Neighborhood and is consistent with General Plan Goal 6A.G8, Improve the physical quality of existingneighborhoodcentersthroughouttheCity,particularly thosewithin or next to residential neighborhoods, as well as General Plan Goal 6E. G4, Establish active, pedestrian- oriented neighborhoods », ith a mix of housingand ii,orkplacedevelopment, including clean light industry, » ranifacturing, flex and incubatorspaces, and live/roork units, asthe proposedprojectwill significantlyimprovea vacant, underutilizedproperty by constructinga new 45-unit townhomedevelopmentadjacentto existingresidential neighborhoods. The project will include improvements consisting of structures incorporatinga SpanishRevivalarchitecturalstyle, structuresorientedtowardsthepublic right-of-way, pedestrianaccessto public sidewalksvia paseosanddecorativeentryways, aswell asnew landscaping in the form of decorative paving, common open space, paseos, andparkways. The projectwill alsobe conditionedto comply with all applicablecode provisions. Thereis noapplicablespecificplanfor theprojectsite.
2. Thedesignor improvementof theproposedsubdivisionis consistentu4ththegeneralplan and applicable specific plan.
Thedesignandimprovementsof theproposedsubdivisionareconsistentwith theGeneral Plan in that on-site improvements, suchasdriveways, sidewalks and drainagefacilities will be designed and constructed in accordance with City standards. In addition, the project design, which is intended for multiple-fancily residential development, provides for satisfactorypedestrianandvehicularcirculation. Thereis no applicablespecificplan for the project site.
3. Thesiteisphysicallysuitablefor thetypeof development.
Thesiteisphysicallysuitableforthetypeof developmentproposedin thatthepropertyis relativelyflat andapproximately1.90 acresin area. Theproposeddevelopment, which includes 45 residential units as well as associated on- site and off- site improvements, meets the applicable development standards of the Medium Density Multiple- Family ( R- 3) district.
4. Thesiteisphysicallysuitablefor theproposeddensityof development.
Thesiteis physicallysuitablefor theproposeddensityof developmentin thatthesiteis designated as General Plan Transect Zones T4- A and T5, which allow residential densities of up to 70 dwellingunitsperacreand80 dwellingunitsperacre, respectively. The proposedprojectdensityof23dwellingunitsperacreiswithintheallowabledensityrange.
S. Thedesignof the subdivisionor theproposedimprovementsis not likely to cause substantialenvironmentaldamageor substantiallyandavoidablyinjurefish or ii,ildlife or their habitat.
Resolution No. 2024- 135
September 9, 2024
The proposedprojectwill complywith thepolicies andregulationsof the PomonaCity CodeandGeneralPlanandwith all local or regionalplans, policies, regulations, andany requirementsby the California Departmentof Fish andGameor U.S. Fish andWildlife Service. Basedon these factors, the proposedsubdivision will not causesubstantial environmental damage or injure wildlife or their habitat.
4. Thedesignof thesubdivisionor 03peof improvementsis not likely to causeseriouspublic health problems.
The design of the subdivision and the type of improvements are not likely to cause serious problemsto public healthbecausethebuilding andinfrastructureimprovementsshallbe constructed to conform to all City standards. The adopted City standardsrelating to the Uniform Building CodeandGradingCodearedesignedto protectthe public healthand welfare andhave been approved by the City,
7. Thedesignof thesubdivisionor type of improvementswill not conflict with easements, acquiredby thepublic at large,for accessthroughor useofpropertyu4thintheproposed subdivision.
The design of the subdivision or type of improvements will not conflict with easements acquired by the public at large.
SECTION 4. Basedupontheabovefindings, theCity CouncilherebyapprovesTentative TractMapNo. 84154 (TRACTMAP-021501-2023) subjectto compliancewith all applicablelaws andordinancesof theCity aswell astheadditionof thefollowingconditions,violationsof which(or failureto completeanyof which)shallconstitutegroundsfor revocationof theconditionalusepermit or anyportion thereof:
DEVELOPMENT SERVICES DEPARTMENT— PLANNING DIVISION
1. ApprovedPlansandModifications, Thesubjectpropertyshallbedevelopedand/or usedin a mannerconsistentwith theprojectplansreviewedandapprovedby theCity Councilon June26, 2024andasillustratedin the stampedapprovedplansdatedJune26, 2024. Any major modificationsto theapprovedprojectplansshallbereviewedandapprovedby the Planning Commission as pant of a modification to the approved plans. Any minor modificationsthatdonotaffecttheoverallintentof theapprovedproject,maybereviewed andapprovedby theDevelopmentServicesDirectorortheir designee.
2. Approval Period and Time Extension. This approval shall lapse and become void if the privilegeauthorizedis notutilizedwithintwoyearsfromthedateof thisapprovalorJane 26, 2025, in accordance with Pomona Subdivision Ordinance section 29- 49, et seq. The PlanningCommissionmay extendthis periodnot to exceedan aggregateof threeyears upon receipt of an application for a Time Extension requestsubmitted by the applicant at Resolution No. 2024- 135
September 9, 2024
leastthirty daysbeforetheexpirationdateof this approval.
3. Indemnification. The applicant shall indemnify, protect, defend, and hold harmless, the City, and/or anyof its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, from any and all claims, demands, law suits, writs of mandamus, andotheractionsandproceedings(whetherlegal, equitable, declaratory, administrativeor adjudicatory in nature), andalternativedisputeresolutionsprocedures (including, but not limited to arbitrations, mediations, and other such procedures), ( collectively " Actions"), brought against the City, and/ or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, that challenge, attack, or seek to modify, setaside, void, or annul, the anyactionof, or anypermit or approvalissuedby, theCity and/or anyof its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof ( including actions approved by the voters of the City), for or concerning the project, whether such Actions are brought under the California EnvironmentalQuality Act, the PlanningandZoning Law, the SubdivisionsMap Act, Codeof Civil ProcedureSection1085or 1094.5,oranyotherstate, federal,or localstatute, law, ordinance, rule, regulation, or anydecisionof a courtof competentjurisdiction. It is expresslyagreedthatthe City shallhavetheright to approve, which approvalwill not be unreasonablywithheld, the legal counselproviding theCity's defense, andthat applicant shallreimbursetheCity for anycostsandexpensesdirectlyandnecessarilyincurredby the City in thecourseof thedefense. TheCity shallpromptlynotify theapplicantof anyAction broughtandtheCity shallcooperatewith applicantin thedefenseof theAction.
4. Violation of Conditions. In caseof violation of anyof theconditionsof approvalor City law, thepropertyownerandtenantwill be issuedaNoticeof Correction. If saidviolation is not remediedwithin a reasonableperiod of time and/or subsequentviolations of the conditionsof approvaland/or City law occurswithin ninety (90) daysof any Notice of Correction, thepropertyownershallbeheldresponsibletoreimbursetheCityfor all staff timedirectlyattributableto enforcementof theconditionsof approvaland/or City law, including, butnot limited to, revocationof thehereinDevelopmentPlanReview.
5. Recordation of CC& Rs. Conditions, Covenants, and Restrictions ( CC& Rs) shall be recorded for this project prior to the issuance of " Certificate of Occupancies" for the dwellingsandpriorto thesaleof anylot or dwelling. At a minimum, theCC&R's shall include provisions that 1) establish a Homeowner' s Association ( HOA), 2) incorporate conditions1,4,5, of this TentativeTractMap and3) providereciprocalaccesseasements and facilitate the use and maintenance of the common areas. The CC& Rs shall be submitted to thePlanningDivisionfor reviewprior to theissuanceof buildingpermits. TheApplicant shall be responsible for the reimbursement of fees incurred for the City Attorney to review the CC& R' s.
5. ConditionsofApprovalsonPlans. Priortoplanchecksubmittal,theapplicantshallincludeall conditions of approval from CC Resolution No. 2024- 135 on the title sheet of the construction documents.
Resolution No. 2024- 135
September 9, 2024
PUBLIC WORKS DEPARTMENT
Tract Map Requirements
7. Thedevelopment'stentativetractmapshallberecordedasonefinal mapanddevelopedas one tract. Financial securityfor all public improvementsshall be postedprior to the approvalof the final map or the issuanceof the building permitsor the issuanceof the offsite improvementpermits, whicheveroccursfirst, to guaranteethe constructionof all public improvementsfor theproposedsubdivision.
8. TentativeTractMap shallconformto therequirementsof theSubdivisionMapAct andto City Ordinance No. 2779.
9. All existing and proposedeasementsfor water/storm drain/sewerlines, ingress/egress, footings and ADA traveled ways must be clearly shown on the final map. No new easementsrequired for the development shall extend in the public right- of-way. Prior to recordation, the Applicant/ Developer shall demonstrate to the satisfaction of the City Engineerthattheproposedsubdivisionwill notunreasonableinterferewith theuseof any easementholderof property. Any omissionor misrepresentationof thesedocumentsmay require the final map to beresubmitted for further consideration.
Provide copies of all recorded instruments referenced in the easements section pertaining to the project' s legal description.
10. Prior to the tract map approvalthe Title Companymust submit a Final Subdivision Guarantee to the Public Works Engineering Department.
11. All subdivisionsmusthavecenterlinetiesandsurveypropertymonumentssetby alicensed Professional Civil Engineer or Land Surveyor as shown on the recorded subdivision. All final monumentsshall besetby the Engineerof recordwithin oneyear of the final map recordation; adequatemonumentationbondis requiredprior to thefinal mapapproval.
12. ThefinalmapshallberecordednolaterthanpriortotheissuanceofthefirstCertificateof Occupancy, to reflectthe lot lines, easementsandFire Departmentaccess. An e-copy of the final map with the Los AngelesCountyRecorder's Office official stampmust be submitted to the Public Works Engineering Department.
LOS ANGELES COUNTY FIRE DEPARTMENT
13. Accessasnoted on the Tentative andthe Exhibit Maps shall comply with Title 21 (County of Los Angeles Subdivision Code) and Section503 of the Title 32 (County of Los Angeles Fire Code), which requires an all-weather accesssurfaceto be clear to sky.
14. ThePrivateDrivewaysproposedasprivatestreetsfor accessthroughoutthedevelopment shall be labeled as " Private Driveway" on the Final Map. The portion of the private drivewayintendedfor fire apparatusaccessshallbeidentifiedas "FireLane" on Resolution No. 2024- 135
September 9, 2024
15. the Finall. Map. All widths anddimensionsshall beclearly delineatedwith a reciprocal accessagreementis requiredfor all privatedriveways. Compliancerequiredprior to Final Map clearance.
16. Fire hydrantimprovementplansshall besubmittedfor review andapprovalprior to the Final Map clearance.
IT Submitacompletegatedetailprior to thefinal mapclearance.
SECTION 5. The Secretaryshallcertify to theadoptionof this Resolutionandforward the original to the City Clerk.
PASSED, APPROVED AND ADOPTED this 9"' day of September, 2024.
CITY OF POMONA:
Tim Sandoval
Mayor
APPROVED AS TO FORM: ATTEST:
Sonia Carvalho Rosalia A. Butl&, MMC
City Attorney City Clerk
Resolution No. 2024- 135
September 9, 2024
1, HEREBYCERTIFYthattheforegoingresolutionwasduly adoptedby theCity Councilof the Cityof PomonaataregularmeetingthereofheldonSeptember•9, 2024bythefollowingvoteof the Council:
AYES: Nolte, Preciado, Garcia, Ontiveros- Cole, Lustro, Torres NOES: None
ABSTAIN: None
ABSENT: Sandoval
Diana Robles
Deputy City Clerk
Resolution No. 2024- 135
September 9, 2024