DATE:
TO:
FROM:
CONTACT:
SUBJECT:
Summary:
AG EN DA REPORT City of Poway
July 18, 2023
Honorable Mayor and Members of the City Council
Robert Manis, Director of Development Services ~
Tracy Beach, City Engineer
(858) 668-4652 or [email protected]
CITY COUNCIL
An Ordinance of the City of Poway relinquishing an approximate 0.07-acre portion of an existing City-owned trail easement in exchange for approximately 0.07-acres of new trail easement (Assessor Parcel Number 273-102-01-00) and determining that the action is exempt from the California Environmental Quality Act (CEQA) pursuant to section 15061 (b)(3).
Poway Municipal Code (PMC) Section 16.16.110 requires the City Council adopt an Ordinance to relinquish an existing trail easement . The owners of a developed parcel on Old Winery Way (Assessor Parcel Number (APN) 273-102-01-00) are requesting to vacate the existing trail easement on their property and replace it with an equal amount of easement dedication from their parcel so there is no net loss in trail easement area on the parcel as required by the PMC.
Recommended Action:
It is recommended the City Council hold the first reading of the proposed Ordinance (Attachment A) for relinquishment of a portion of the trail easement area, waive further reading and schedule adoption of the Ordinance for August 15, 2023. The Ordinance must be approved by a four-fifths vote of the City Council. Due to the current vacancy on the City Council, this action will require a unanimous vote.
Discussion:
The applicants, John and Lynnette Kooker, own the subject parcel located at 17702 Old Winery Way, shown in Attachment B. The existing trail easement on their property is located along the rear edge of their property, adjacent to Valle Verde Road, and is a small portion of a longer trail known as the West Ridge Trail. The existing trail easement alignment for this property is the result of dedications on two subdivision maps. The trail easement across the rear of the Kooker Residence parcel slightly bends further into their property, bifurcating an existing citrus orchard. The trail also traverses a one hundred-foot-wide pipeline easement for the San Diego County Water Authority (SDCWA). As can be seen on aerial imagery (Attachment C), most of the pedestrian and equestrian use has veered around the orchard, instead of through the orchard where the actual trail easement is located. The Kookers, 1 of 9
July 18, 2023, Item #15
however, still experience members of the public wandering through their property and helping themselves to the fruit on their trees. The Kookers initially reached out to the City of Poway requesting lodge pole fencing along the trail to deter the public from wandering through the orchard . Staff evaluated the concern and agreed lodge pole fencing along the trail would appropriately address the issue. Since the fencing would involve placement within the SDCWA easement, it was necessary to request approval from the SDCWA as well. It was at this time of easement research staff discovered the actual trail easement dedication does not match the trail as it is in use today.
Section 16.16.110 of the PMC (Attachment D) allows the relinquishment of a City trail easement by an Ordinance approved by four-fifths vote of the City Council, provided special findings can be made.
The subject Ordinance has been prepared and the required findings to support the relinquishment of City trail easement can be made. The findings are that along with the release of the portion of the trail easement, an exchange for easement of equal size and quality for trail purposes is being transferred to the City concurrent with the easement vacation. The vacated easement area would be exchanged for an equal area in the location where the actual current trail exists if the Council approves the recommended Ordinance. The proposed configuration of the easement exchange is provided as Attachment E and F. Attachment E shows the existing trail easement to be vacated . Attachment F shows the proposed trail easement. If the Ordinance is approved, vacation of a portion of the existing trail easement, and the dedication of the new trail easement area, will be processed administratively so the existing trail on the property will coincide with the trail easement.
Environmental Review:
This project is exempt from the California Environmental Quality Act (CEQA), pursuant to Section 15061 (b)(3) of the CEQA Guidelines, in that there is no possibility that it will have a significant effect on the environment because the Ordinance entails the implementation of existing regulations that result in an equal transfer of trail easement dedication to preserve the existing trail with no additional disturbance.
Fiscal Impact:
There is no fiscal impact with this action .
Public Notification:
A public notice was published in the Poway News Chieftain and mailed to property owners and occupants within 500-feet of the subject site.
Attachments:
A. Ordinance
B. Location Map
C. Aerial Map
D. Section 16.16.11 O of the PMC
E. Existing Trail Easement
F. Proposed Trail Easement
Reviewed/Approved By:
Wendy Kaserman
Assistant City Manager
2 of 9
Reviewed By:
Alan Fenstermacher
City Attorney
A~
ChrisHazetlne
City Manager
July 18, 2023, Item #15
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
POWAY, CALIFORNIA, PURSUANT TO SECTION 16.16.110
OF THE POWAY MUNICIPAL CODE CONCERNING
RELINQUISHMENT OF TRAIL EASEMENT (APN 273-102-01-00)
WHEREAS, Section 16.16.110 of the Poway Municipal Code sets forth the standards concerning relinquishment of dedicated trail easement of the City, by a four-fifths vote of the City Council;
WHEREAS, John and Lynnette Kooker have requested an adjustment of dedicated City trail easement which will allow the trail easement to contain the actual trail path created and preserve the existing citrus orchard on the property (APN 273-102-01-00); WHEREAS, transfer of the approximately 0.07 acres of trail easement shall be exchanged for easement area of equal size and quality for trail purposes and will be transferred to the City concurrent with the vacation of the existing easement as required by Poway Municipal Code
16.16.11 0(A)(2); and
WHEREAS, on July 18, 2023, the City Council held a duly advertised public hearing to solicit comments from the public, both pro and con, relative to this action.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF POWAY DOES ORDAIN AS FOLLOWS:
SECTION 1: The City Council finds that the adoption of this Ordinance is exempt from the provision of the California Environmental Quality Act (CEQA), pursuant to Section 15061 (b)(3) of the CEQA Guidelines, because there is no possibility that it will have a significant effect on the environment because the Ordinance entails the implementation of existing regulations that result in an equal transfer of trail easement dedication to preserve the existing trail with no additional disturbance.
SECTION 2: The finding in accordance with Section 16.16.11 0(A)(2) of the Poway Municipal Code, to approve the subject Ordinance to allow the relinquishment of an approximate
0.07-acre portion of an existing trail easement (APN 273-102-01-00), is made as follows:
1. The 0.07-acre trail easement is being exchanged for equal size and comparable quality trail easement dedication from Mr. and Mrs. Kooker's lot (APN 273-102-01-00).
SECTION 3: This Ordinance shall be codified.
EFFECTIVE DA TE: This Ordinance shall take effect and be in force thirty (30) days after its adoption.
CERTIFICATION/PUBLICATION: The City Clerk shall certify the adoption of this Ordinance and cause it, or a summary of it, to be published with the names of the City Council members voting for and against the same in the Poway News Chieftain, a newspaper of general circulation in the City of Poway within fifteen (15) days after its adoption and shall post a certified copy of this Ordinance in the Office of the City Clerk in accordance with Government Code §36933.
3 of9 ATTACHMENT A
July 18, 2023, Item #15
Ordinance No.
INTRODUCED AND FIRST READ at a Regular Meeting of the City Council of the City of Poway held the 18th day of July, 2023, and thereafter
PASSED AND ADOPTED at a Regular Meeting of said City Council held the 15th day of August 2023, by the following vote, to wit:
AYES:
NOES:
ABSTAINED:
ABSENT :
DISQUALIFIED:
Steve Vaus, Mayor
ATTEST:
Carrie Gallagher, CMC, City Clerk
4 of 9
July 18, 2023, Item #15
6126123, 10:40 AM
I
City of Poway GIS
Attachment B - Vicinity Map
Mira Loma Ct
o\d Wine ry Rd
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.
5 of9
https://powaygis.poway.orglwebsiteslPowGISI
ATTACHMENT B
Map Scale
1 inch = 282 feet
6/26/2023
111
July 18, 2023, Item #15
6126123, 10:43 AM City of Poway GIS
Attachment C - Aerial 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,appraisal , survey, or for zoning verification .
6 of 9
https://powaygis .poway.orglwebsiteslPowGISI
ATTACHMENT C
Map Scale
1 inch = 94 feet
6/26/2023
111
July 18, 2023, Item #15
16.16.110 Relinquishment of dedicated open space, etc.
1 0 -~HA_RE _
A No easement or fee interest in real property dedicated or offered for dedication to the City for open space, trail or other public recreation purpose sllall be vacated, relinquished, abandoned, released, sold, encumbered, or otl1erwise transferred or conveyed free of such limitation except by ordinance approved by a four-fifths vote of the City Council with the following findings:
1. The purpose of the release or transfer is to pem1it the property to be used for a valid public purpose, including, but not limited to, public streets or drainage facilities: or
2. The property is being exchanged for property of equal or greater size and quality for open space, trail or other public recreation use, and is being transferred to the City concurrent with the transfer of the subject property B. Any ordinance adopted by the City Council purporting to amend or repeal tl1e ordinance codified in this section or purporting to vacate, relinquish, abandon, release, sell, encumber. or other,vise transfer or convey an easement or fee interest in real property dedicated or offered for dedication to the Crty for open space, trail or other public recreation purpose without a municipal election shall be a legislative act subject to referendum and shall be subject to judicial review by writ of mandate.
C. This section shall apply to all easement or fee interest in real property held or o\ilmed by the City for open space, trail or other public recreation purpose whether such interest was acquired by the City through the subdivision process or othervvise.
D. The City Manager is authorized to prepare and record in the record title of open space dedicated or offered for dedication to the City a declaration of restrictions identifying the limitations placed by this section upon the transfer or relinquishment of such open space.
E. In the event that any portion of this PMC 16.16.110 is declared by a court of competent jurisdiction to be invalid, such portion shall be severable from all other portions of this section. Those portions not declared invalid sl1all remain in full force and effect. (Ord. 189 § 1, 1986)
7 of 9 ATTACHMENT D
July 18, 2023, Item #15
FILE NO. 2004-0135328
FILED FEB 20, 2004
AS ROS 1815
EXISTING TRAIL EASEMENT
EXHIBIT B
N44'35'33"W
CL WINEMASTER WAY
28' R/W _ _..__ _ 136...:,.34' -<t -.
y ROAD \ 3t. R/W N5TOO'OO"E 1
N5TOO'OO"
191.80' \ R/W/ ·-
2.39'~
N00'01'51"E \
CURVE
C1
C2
C3
MAP 12761
LOT 28
\
CURVE TABLE
LENGTH RADIUS
221.37 450.00
31.42 20.00
51.65 420.00
DIMENSIONS SHOWN ARE RECORD
PER MAP 12761, OR AS NOTED
SCALE: 1" = 50'
50 DELTA
28"11'08"
go·oo·oo"
T02'48"
I
\
91.25' r0
0 0
30'
R/W
N m
I
!'v I
(X)
(X)
I
8 of 9 ATTACHMENT E
July 18, 2023, Item #15
FILE NO. 2004-0135328
FILED FEB 20, 2 004
AS ROS 1815
PROPOSED TRAIL EASEMENT
EXHIBIT B
N44"35'33"W
CL WINEMASTER WAY
28' R/W
N5TOO'OO" _..__ _____ R/W
191.80' \ ' / ·-
- 13€L._34' -i1-· y ROAD \ 3t, R/W N5TOO'OO"E
N5TOO'OO"E
2.39'~
N00'01 '51 "E \
MAP 12761
LOT 28
MAP 12761
LOT 27
\
CURVE TABLE
\
CURVE LENGTH RADIUS
C1 221.37 450.00
C2 31.42 20.00
C3 51 .65 420 .00
DIMENSIONS SHOWN ARE RECORD
PER MAP 12761, OR AS NOTED
.02'
14.04'
DELTA
28'11 '08"
go·oo·oo"
7'02'48"
't,.I z
l~~z ::: ~
\ EQUESlRIAN~~~~ ~ !
EASEMENT i'r\°'•
DEDICAlED /" ➔ =E
~~EiN~TO /'ti
POWAY .~ . .__ <: 14!,__~ ~ /"'i~ =E \
h1~!
No2·35•53"E\ r Ol
13.13' I
'
0 (N
9.90'
SCALE: 1" = 50'
N19'58'21"W ii'2.,90' LOT 78
'- MAP 9771
30'
R W
z < t! r"1
d ::::o q1 CJ
0 r"1 q
-:i. ::::0
0 )>
CJ
I
__ I TO~AR ENGINEERING 15910 CUMBERLAND DR POWAY, CA 92064 1 00 CIVIL ENGINEERING / SURVEY PH (858) 486-7210 E-mall : toborengOcox.net 0 50 9 of 9 ATTACHMENT F
July 18, 2023, Item #15