Item 15 - Ordinance Relinquishing 0.07-acre portion of existing City-owned trail easement in exchange for 0.07-acre of new trail easementhowever, 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.
Page 2
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, 10:43 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. 10 -~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