Ord. 861ORDINANCE NO. 861
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
16.16.110(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 16.16.110(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 DATE: 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.
Ordinance No. 861
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: DE HOFF, EDMONDSON, PEPIN, FRANK, VAUS
NOES: NONE
ABSTAINED: NONE
ABSENT: NONE
DISQUALIFIED: NONE
Steve Vaus, Mayor
ATTEST:
Carrie Gallagher, CMC, City Clerk