DATE:
TO:
FROM:
CONTACT:
SUBJECT:
Summary:
AG EN DA REPORT City of Poway
November 15, 2022
Honorable Mayor and Members of the City Council
Robert Manis, Director of Development Services ~
Sara Trunzo, Associate Civil Engineer ~
(858) 668-4622/[email protected]
CITY COUNCIL
Summary Vacation of Portions of Certain Right-of-Way (VAC21-001) at the Westerly Terminus of Tenth Street (APN: 317-021-30)
Chinmaya Mission has requested the vacation of portions of certain existing right-of-way located at the westerly terminus of Tenth Street. City staff has confirmed this portion of right-of -way is not necessary and may be vacated.
Recommended Action:
It is recommended the City Council adopt the attached Resolution (Attachment A) ordering the summary vacation of a portion of public right-of-way (Tenth Street) and direct the City Clerk to cause certified copies of the Resolution to be recorded in the office of the Recorder of the County of San Diego.
Discussion:
The right-of-way for Tenth Street was dedicated and accepted by the County of San Diego through the recordation of Map No. 536 in May 1888. Tenth Street, located to the east of Pomerado Road, was never developed nor used by vehicular traffic as the residents in the area access their properties via the private road, Leona Lane, which is located directly south and outside of the dedicated right-of way. The westerly approximately 450 feet of Tenth Street is proposed to be vacated (Attachment B) at the request of Chinmaya Mission, the adjacent property owner on the north side of the right-of way, by submittal of documentation and payment of processing fee.
The parcel located directly south of the proposed vacation, 12203 Leona Lane, will retain access to their parcel via Leona Lane. After the vacation approval, Chinmaya will also dedicate an easement for access and utilities which will cover the parcel's existing driveway and fire truck turnaround which are currently within the Tenth Street right-of-way.
The existing trail easement on the Chinmaya property will not be affected by this vacation; the public trail easement will remain in its existing location along the north side of the land to be vacated. There 1 of 23
November 15, 2022, Item #22
is no habitat in the area to be vacated as it has historically been cleared of vegetation for fire fuel management (Attachment C). After the vacation, Chinmaya Mission will continue to clear the vegetation within the portions of the vacated right-of-way that are located within the 100-foot fire fuel management defensible space buffer around the existing structure on their property. Any new proposed uses within the area to be vacated will require Chinmaya Mission to process an amendment to their existing conditional use permit. It should be noted the proposed vacation is unrelated to a proposed subdivision in the vicinity as that project would take access from Rimbach Road and will be considered by the City Council at a yet to be determined date in the future.
The parcel located to the west of the Tenth Street terminus is owned by the State of California and a 15-foot access easement for California Department of Fish and Wildlife (CDFW) has been reserved to preserve their access to the parcel. The easement location and width were coordinated with CDFW.
Due to the lack of development and use, Tenth Street is not needed for public right-of-way purposes and therefore can be vacated. The Resolution will vacate the unnecessary designated portion of right of-way which, according to San Diego County's reversionary rights procedures, will become part of the Chinmaya property, immediately to the north .
Attachment D provides email correspondence received as of the printing of this report.
Environmental Review:
The vacation of right-of-way is exempt from the California Environmental Quality Act (CEQA), pursuant to section 15061 (b)(3) of the CEQA Guidelines, in that it will not result in an impact on the environment.
Fiscal Impact:
None.
Public Notification:
None.
Attachments:
A. Resolution
B. Location Map
C. Area to be Vacated
D. Email Correspondence Received
Reviewed/Approved By:
Assistant City Manager
2 of 23
Reviewed By:
Alan Fenstermacher
City Attorney
Approved By:
City Manager
November 15, 2022, Item #22
RESOLUTION NO. 22-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
POWAY , CALIFORNIA, ORDERING THE SUMMARY VACATION
OF A PORTION OF A PUBLIC STREET, TO WIT: TENTH
STREET, ALL IN CITY OF POWAY MAP NO. 536 (VACATION NO.
21-001)
WHEREAS, the City Council of the City of Poway desires to summarily vacate a portion of a public street in accordance with the procedures provided in Chapter 4, Part 3, Division 9 of the Streets and Highways Codes of the State of California, commencing at Section 8300; WHEREAS, said portion of Tenth Street was created and dedicated to the public through the recordation of County of San Diego Map No. 536 in May 1888; and WHEREAS, the area to be vacated is not necessarily needed for public street purposes as it was never developed nor used by vehicular traffic.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows :
SECTION 1: This summary vacation is made under the provisions of Chapter 4, Part 3, Division 9 of the Streets and Highways Code of the State of California .
SECTION 2: The City Council hereby finds that said portion of Tenth Street has not been used for the purpose for which it was dedicated or acquired for five consecutive years immediately preceding the proposed vacation . (Section 8333(a)) .
SECTION 3: The City Council hereby declares that the portion of Tenth Street as described in Exhibit A attached hereto as Exhibit B, is hereby vacated .
SECTION 4: The City Clerk of the City of Poway is hereby directed to cause this Resolution to be recorded in the Office of the San Diego County Recorder in accordance with the provisions of Section 8336 of the Streets and Highways Codes of the State of California .
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3 of 23 ATTACHMENT A
November 15, 2022, Item #22
Resolution No. 22-
PASSED, ADOPTED AND APPROVED at a Regular Meeting of the City Council of the City of Poway, California on the 15th day of November, 2022 by the following vote, to wit:
AYES:
NOES:
ABSENT :
DISQUALIFIED :
Steve Vaus, Mayor
ATTEST:
Carrie Gallagher, CMC, City Clerk
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November 15, 2022, Item #22
EXHIBIT 'A"
LEGAL DESCRIPTION
TENTH STREET VACATION
ALL THAT PORTION OF TENTH STREET IN TRACT 'F' OF POWAY, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 536 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 7, 1888, DESCRIBED AS FOLLOWS:
BEGINNING AT SOUTHWEST CORNER OF SAID TENTH STREET; THENCE ALONG THE WEST LINE OF SAID TENTH STREET NORTH 00°02'30" EAST, 60.02 FEET TO THE NORTHWEST CORNER OF SAID TENTH STREET; THENCE ALONG THE NORTH LINE OF SAID TENTH STREET SOUTH 88°33' 15" EAST, 451.21 FEET TO A POINT 217 .19 FEET WESTERLY MEASURING AT RIGHT ANGLES OF THE EASTERLY LINE OF LOT 36 OF SAID TRACT 'F' OF POWAY; THENCE LEAVING SAID NORTHERLY LINE, AND PERPENDICULAR TO THE SOUTH LINE OF SAID TENTH STREET SOUTH 01 °26'45" WEST, 60.00 FEET TO THE SOUTH LINE OF SAID TENTH STREET; THENCE ALONG SAID SOUTH LINE NORTH 88°33' 15" WEST, 449.74 FEET TO THE POINT OF BEGINNING.
CONTAINS 27,028.53 SQ.FT., MORE OR LESS
RESERVING THEREFROM AN ACCESS EASEMENT FOR THE CALIFORNIA DEPARTMENT OF FISH AND WILDLIFE OVER THE SOUTHERLY 15 FEET THEREOF.
PREPARED BY:
06/27/2022
WILLIAM YEN, R
NOTE: ALL BEARINGS AND DISTANCES ARE BASED ON RECORD DATA OF R.O.S MAP NO. 14422.
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November 15, 2022, Item #22
EXHIBIT 'B'
10TH STREET VACATION
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SCALE: 1"=100'
WESTERLY LINE OF
THE EASTERLY
217.19 FEET OF,
LOT 36
LINE DATA
L1: N01'26'45"E 60.00'
L2: N00"02'30"E 60.02'
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ALL BEARINGS AND DISTANCES
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6 of 23
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RESERVED FOR
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November 15, 2022, Item #22
7 of 23
Tenth Street Vacation - Location Map
Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not guaranteed . This is not a legal document and should not be substituted for a title search,appraisa/, survey, or for zoning verification .
ATTACHMENT B
Map Scale
1 inch = 282 feet
10/5/2022
November 15, 2022, Item #22
8 of 23
Tenth Street Vacation - Area to be Vacated
Disclaimer : Map and parcel data are believed to be accurate, but accuracy is not guaranteed. This is not a legal document and should not be substituted for a title search,appraisal, survey, or for zoning verification .
ATTACHMENT C
Map Scale
1 inch = 94 feet
11/1/2022
November 15, 2022, Item #22
Carrie Gallagher
From:
Sent:
To:
Subject:
Attachments:
Follow Up Flag:
Flag Status:
Claudia Plata Hernandez <[email protected]>
Tuesday, October 18, 2022 11 :37 AM
Barry Leonard; Caylin Frank; John Mullin; Steve Vaus; Dave Grosch; Chris Hazeltine; Bob Manis; City Clerk
Oct. 18, 2022 City Council Meeting-Agenda Item #7
Screenshot_20221018-094622_Photos.jpg; Screenshot_20221018-094318_Photos.jpg; Screenshot_20221018-094421_Photos.jpg; Screenshot_20221018-094711_Photos.jpg; Screenshot_20221018-094357 _Photos.jpg; Screenshot_20221018-094632_Photosjpg; Screenshot_20221018-094205_Photos.jpg; Screenshot_20221018-094432_Photosjpg; Screenshot_20221018-094559_Photos.jpg; Screenshot_20221018-103458_Messages.jpg; Screenshot_20221018-094226_Photos.jpg; Screenshot_20221018-094456_Photos.jpg; Screenshot_20221018-094350_Photos.jpg
Follow up
Completed
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~ Some people who received this message don't often get email from [email protected]. Learn why this is important
EXTERNAL EMAIL
Hello,
My name is Claudia Hernandez, and I have lived on Rimbach Rd for over 20 years. As news started spreading of the City's plans for a six home development of the preserved land on both sides of Rimbach Rd, I was shocked. The land has been undisturbed forever, and it is home to a large amount of wildlife . We have hawks, turkey vultures, roadrunners, gnat catchers, quails, owls, bobcats, woodpeckers, ocellots and even tortoises to name just a few. It is heartbreaking to see what is becoming of Poway. I dread the day, if the city approves this developement, when the bulldozers will come and completely destroy this land effectively killing the ground nesting birds, and all other wildlife present here. I was born and raised in Mexico City, and when I first arrived in Poway I thought it was a paradise. 'The City in the Country' indeed .
But sadly it is not looking like that any more. We have spoken to the environmental assesors that have been on Rimbach recently. Well, they need to come back in the spring so they can accurately assess all the nesting and the wildlife that is abundant and reproducing at that time. I have heard that officials have said that the wildlife can just move uphill and it will be fine . So I ask the council members where is this wildlife going to go if you continue granting building permits on said hills? When is enough? What then? Do we just say the quails can go to Mt. Woodson or where? What is next? Changing the slogan of Poway to no longer be a city in the country? These development and even more expansion of the religious center will be so devastating to the environment and for the wildlife access to the Van Dam Peak preserve.
I kindly urge the council members to reconsider, and protect these lands. I would love to see the Council Members getting out of the City Hall and taking a walk on these wondeful lands which are also a heritage of the Kumeyaay people.
I am also attaching these amazing pictures I have been able to take over the years. It is indeed a paradise that should remain undisturbed .
Thank you for your time and consideration.
Claudia Hernandez
12245 Rimbach Rd, Poway, CA 92064
9 of23 ATTACHr,JIENT D
November 15, 2022, Item #22
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November 15, 2022, Item #22
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November 15, 2022, Item #22
Sarah Koerting
From:
Sent:
To:
Subject:
Carol Cue <[email protected]>
Tuesday, October 18, 2022 2:27 PM
City Clerk
#7 Dear Council members and Mayor Vaus
[You don't often get email from [email protected] . Learn why this is important at https://aka.ms/LearnAboutSenderldentification ]
EXTERNAL EMAIL
I have lived in Poway on and off since 1960 and have seen councils and wildlife come and go.
It's time for this council to take a new approach to the well being of Poways wildlife.
Just because 10th avenue is not being used by vehicles does not mean it is not being used by wildlife. I urge you before you vote to form a committee of concerned Poway citizens to research the area and report back to the council within 60 days
what effect closing the road would have on our wildlife users.
Thank you.
Carole Cue
14 of 23 1
November 15, 2022, Item #22
Carrie Gallagher
From:
Sent:
To:
Subject:
Attachments:
'l
Lori Grennan <[email protected]>
Tuesday, October 18, 2022 2:56 PM
Caylin Frank; Dave Grosch; Steve Vaus; John Mullin; Barry Leonard; Chris Hazeltine; Bob Manis; City Clerk
RE: 10-18-22 City Council Meeting Agenda Item #7 Vacate 10th Street Rimbach-Chinmaya #3Jpg; Rimbach-Chinmaya #SJpg; Rimbach-Chinmaya #6Jpg; Van Dam Cornerstone PlanJpg
P Some people who received this message don't often get email from [email protected]. Learn why this is important f
EXTERNAL EMAIL
October 18, 2022
Dear Mayor, City Council Members and Staff,
Re: 10/18/22 Agenda Item #7-
Vacating right-of-way on Tenth Street (APN: 317-021-30) Our Coastal Sage Scrub and Chaparral is the most endangered habitat in the continental United States. It is time to protect our remaining habitat from bulldozers and structures. Gifting 10th Street to the Chinmaya Mission Center is not what is best for Van Dam Preserve's wildlife and the residents who enjoy watching it in Poway. The Rimbach/Leona properties tie into the Van Dam Preserve by the 10th Street access point. Gifting the land to the center will close off this area to rare and endangered wildlife and harm the overall health of the preserve. If you gift the Chinmaya Mission Center this land, they will close off this area to wildlife with a garden or children's center. I request you delay making any decisions until the Rimbach proposed housing development is decided. Please vote "no" and preserve Poway's open spaces! I am not alone. Nearly everyone I speak with do not want more development in Poway, especially in endangered habitat areas. Thank you.
Best regards,
Lori Grennan
15 of 23 1
November 15, 2022, Item #22
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November 15, 2022, Item #22
November 15, 2022, Item #22
November 15, 2022, Item #22
November 15, 2022, Item #22
Carrie Gallagher
From:
Sent:
To:
Subject:
Attachments:
E)(TERNAL EMAIL
Jeffrey.W.Schmidt @hotma il.com
Phone : 858 -692 -7664
20 of 23
Jeffrey Schmidt <[email protected] >
Tuesday, October 18, 2022 2:46 PM
City Clerk
Comments for agenda #7 for tonights meeting
land use proposal letter .docx
1 November 15, 2022, Item #22
Steve Vaus, Mayor
CC: John Mullin, Deputy Mayor
Caylin Frank, Council Member
Barry Leonard, Council Member
Dave Grosch, Council Member
Oct. 18, 2022
Via Email:
Mayor Vaus, Council members,
Concerning Agenda Item 7 of Poway City Council meeting 10/18/22 - Vacating right-of-way on Tenth Street (APN: 317-021-30)
I recommend tabling the vote on this agenda item to consider other use of the property that will be vacated by this action until more is known about the proposed subdivision plans to be located in the two adjacent lots. The Chinmaya Mission Center already has large areas of land for a proposed garden, while critical habitat is constantly under threat of removal. Besides that, the actual plans for this area have not been divulged to the public along with the plan to develop the adjacent lots. Since this action will affect the hiking trails and natural habitat enjoyed by many in the community, the plans for this area should be fully divulged and public comment considered before voting on this item.
The area to be vacated could possibly be used to mitigate for loss of important habitat in this area while enhancing the nearby Meadowbrook Ecological Reserve. This area already teams with wildlife that is a joy to see and can significantly benefit by tying it to the main habitat reserve.
The parcels in the area of this proposed vacation of right-of-way, support mostly Coastal Sage Scrub (CSS) habitat. As you know, CSS has been declining in California at an alarming rate and is critically threatened by housing developments. The lots adjacent to the right-of-way have been separated from the Meadowbrook reserve for many years due to 10th street and fire management clearing (FMZ). The abandonment of the road is a rare opportunity to gain ground on habitat loss by reattaching the habitat in these lots to the Meadowbrook Ecological Reserve through this right-of-way. Doing this would benefit the ecological reserve, the remaining habitat in the Rimbach area, and make the hiking trails more enjoyable.
Already, the fire management zone near the Chinmaya Mission Center is too large which has taken more natural habitat than necessary and needs to be corrected. The FMZ size should be corrected, and the abandoned right-of-way should be restored as natural CSS habitat and attached to the Meadowbrook Reserve. With these two actions, the Natural Habitat area can be greatly enhanced while serving the entire community.
Jeffrey W. Schmidt
Attachment: Diagram of proposed habitat connection (Figure 1) 21 of 23
November 15, 2022, Item #22
Figure 1: Proposed Habitat Connection
22 of 23
November 15, 2022, Item #22
Carrie Gallagher
From:
Sent:
To:
Subject:
[email protected]
Tuesday, October 18, 2022 2:49 PM
Barry Leonard; Caylin Frank; John Mullin; Steve Vaus; Dave Grosch; Chris Hazeltine; Bob Manis; City Clerk
Poway 10th Street vacating land to Chinmaya Spiritual Center I You don't often get email from [email protected]. L~arn why this is importan t
EXTERNAL EMAIL
To Poway City Council Members and City Clerk,
My name is Randal Grant Powers. My address is 12203 Leona Lane in Poway. We own the property (since 1987) that is adjacent to the 10th Street Poway right-of-way that Chinmaya Spiritual Center is asking the City of Poway to vacate to them. The City of Poway engineers have determined that Chinmaya is entitled to the 10th Street right-of-way that is adjacent to their property according to a map that was drawn up in 1888. Poway seems to be following the rules and regulations the City of San Diego uses, as it has not set specific regulation regarding vacating land. Other municipalities that have vacated land, have divided/split the land equally between the property owners bordering the land to be vacated.I believe Poway does not have to abide by an 1888 map. I also would like Poway to consider dividing the land equally with the owners of the adjoining properties.
We also have an easement with the City of Poway on the 10th Street right-of-way for Fire Truck Turnaround. We were required by the city to build and maintain the fire-truck turnaround at our significant expense. This was required in order to build a garage addition to our house. This amounted to thousands of dollars to grade, compacting fill dirt, asphalting and installing of irrigation to maintain plants that prevent erosion of the subsequent slopes that were created .
When talking with Chinmaya about their intended use for the land, they said they plan on making a garden or a child center, however the city engineer has said the land can not be built on. We are in favor of leaving 10th Street the way it is.
Wildlife including California Quail, Roadrunners and other species, live and nest on that strip of land that is connected with California Fish and Wildlife land to the west and open land to the south. Let's not give up the country feel of Poway.
Sincerely,
Randal Grant Powers
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