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HomeMy WebLinkAbout03-004 - Resolutions RESOLUTION NO. 03-004 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, GRANTING AN ADDITIONAL FOUR (4) MONTHS TIME EXTENSION TO DESIGNATE CHERRY LANE A PRIVATE STREET, FOR COMPLIANCE OF THE CONDITIONS PER CITY COUNCIL RESOLUTION NO. 02-215, DATED JULY 17, 2002. WHEREAS, the City Council of the City of Rancho Cucamonga grants an additional four (4) months time extension to the property owners on Cherry Lane to comply with the conditions per City Council Resolution No. 02-215. WHEREAS, the City Council of the City of Rancho Cucamonga has decided that certain residential streets, being unique in nature, function as private residential streets; and WHEREAS, the City Council has decided that properties abutting private streets should be exempted from certain requirements normally attributable to public streets; and WHEREAS, the City Council has adopted Ordinance No. 58-C creating and establishing the authority to designate certain streets as private residential streets; and WHEREAS, the City Council finds the following Conditions of Approval to be in place within an additional four (4) month period, for implementation of Cherry Lane as a private street: 1. Access width to be a minimum of 26' with no parking on either side, 36' with parking on one side, or 46'with parking on both sides. 2. Access height shall be a minimum of 14'6", clear of all obstructions, including tree limbs, brush, etc. 3. Surface shall be an approved all-weather treatment, such as pavement, concrete, or other approved material. 4. The street shall have address identification, e.g. street sign, address directory for the homes, and house numbers on the homes. 5. Street shall have an approved water supply, specifically an approved fire hydrant at a maximum 400' spacing. 6. CC & R's or equivalent covenant agreement, approved by the City attorney, concerning proper maintenance of the street, signed by all property owners. 7. Process vacation of the existing 30' right-of-way dedication (Exhibit "D"). Resolution No. 03-004 Page 2 of 11 WHEREAS, the City Council finds as follows: A. Cherry Lane, situated from Carnelian Street to the westerly terminus of Cherry Lane (approximately 660') meets all of the requirements set forth in chapter 12.08.055 of the Rancho Cucamonga Municipal Code. B. The designation of Cherry Lane as a Private Residential Street will not adversely affect the health, safety or welfare of those persons and properties adjacent to, and the vicinity of, such street. C. That a Private Residential Street designation for Cherry Lane is in conformity with the General Plan. NOW, THEREFORE, the City Council of the City of Rancho Cucamonga does hereby resolve as follows: SECTION 1: That the above recitals are all true and correct. SECTION 2: Said portion of Cherry Lane located from Carnelian Street to the westerly terminus of Cherry Lane shall be designated as a private street upon satisfying the above mentioned Conditions of Approval. SECTION 3: Said Conditions of Approval shall be satisfied within by May 17, 2003 or all rights to private street designation shall become void. SECTION 4: With the designation of that portion of Cherry Lane as a private street, it shall join the list of so designated private streets set forth on Exhibit "A" attached hereto and incorporated herein by reference. SECTION 5: The abutting properties will be exempted from requirements set forth from the provisions of Chapter 12.08 of the City of Rancho Cucamonga Municipal Code. Please see the following page for formal adoption,certification and signatures Resolution No. 03-004 Page 3 of 11 PASSED, APPROVED, AND ADOPTED this 15`h day of January 2003. AYES: Alexander, Gutierrez, Howdyshell, Kurth, Williams NOES: None ABSENT: None ABSTAINED: None 4 William . Alexander, Mayor ATTEST: ebra J. Ada ,-CMC, City Clerk I, DEBRA J. ADAMS, CITY CLERK of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Resolution was duly passed, approved and adopted by the City Council of the City of Rancho Cucamonga, California, at a Regular Meeting of said City Council held on the 15`h day of January 2003. Executed this 16`h day of January 2003, at Rancho Cucamonga, California. 44J4 a4if - D bra J. Adams, WC, City Clerk Resolution No. 03-004 Page 4 of 11 EXHIBIT "A" DESIGNATED PRIVATE STREETS Name of Street Portion of Street 1. Strang Lane Carnelian Street to 1300 Private Street designation adopted feet east. based on 60% representation of petitioning property owners and 100% favorable representation at Public Hearing. 2. Bella Vista Road Sapphire Street to 1325 Private Street designation adopted feet east; Carnelian Street based on 70% representation of to 1320.5 feet west petitioning property owners and 100% favorable representation at Public Hearing. 3. Scott Lane Palo Alto to 630 feet north Private Street designation adopted based on 83% representation. 4. Mai Street Almond Street to approx. Private Street designation adopted 385 feet north based on 100% representation of petitioning property owners. Specific conditions have to be met in order for the declaration of private street becoming effective in accordance with Resolution No. 90- 452. 5. Setteaweed Wa Not adopted. Non-Compliance 385 feet nerth 6. Cherry Lane Cherry Lane to 660 feet Private Street designation adopted west of Carnelian based on 100% representation of petitioning property owners. Specific conditions have to be met in order for the declaration of private street becoming effective in accordance with Resolution No. 2002-215 Resolution No. 03-004 Page 5 of 11 i C ER Y -TT T T_T C TTT FT-FFT- -TT . -_ CITY OF rrEM: yIC11YITY MAP RANCHO CUCAMONGA TITLE: e-14MY LANE ENGINEERING MOWN EXHIBIT: —s a�od/M 1rvaw_a5 6'_ /.1., J Cnl 1 CP) - J.NNlIVAN P N 7c- .i&9 wo �� woH ►/1 P Niss_oe-0 9 r/it S_Iy owoh1 rl W -2 .5 ,99 Z)? 9 8 Q�So�oa� Zi 99 oAd � 1• � zk .4 Ca o�sosald c , ssi T7. So N CDo a) o CD a Resolution No. 03-004 Page 7 of 11 APPLICATION FOR PRIVATE STREET DESIGNA11ON REASONS, USE, APPLICANTS CHERRY LANE Cherry Lane is a small country lane 660 feet long,east off Camelian Street just above Hillside Rood. Evergreen trees,almost 40 years old, along with large flowering Oleanders frame both sides of the first 256 feet of the 15-foot wide lane forming what is known by residents as "the tunnel". The next 135 feet has large natural evergreen Jojoba plants on the south side and landscaping on the north. None of these trees or shrubs require watering,except by Mother Nature. The lane is on a common 35-foot easement on the south of each of the Cherry Lane properties. The electric,wafer and phone companies each have specific access within the easement area. There is a four foot by eight inch solid poured storm water retention wall that runs 5 feet north of the south property lines, the entire east/west length of the Cherry Lane properties, to channel storm water east to Carnelian and west to a storm drain to prevent flooding of the homes below. At the west end of the wall next to the SW comer of the west lot is a fenced three-foot pipe drdn, which empties into the flood channel at the back of the west Topaz development. Three acres of undeveloped land lies north of the Cherry Lane properties. It consists of four parcels: One is 135 feet wide and three are 90 feet wide, all are 330 feet deep and all face Vicars Street. Thus Cherry Lane residents are enclosed on properties with only one way in and out. APPLICANTS Four families own property on Cherry Lane. One faces Carnelian and has an access gate to the property opening onto Cherry Lane. I. The Lester Noreen family are 40-year residents who originally purchased the 5 acres, keeping 2 acres for themselves and splitting the rest into 3 one-acre parcels. Mr. Noreen's Record of Survey is dated July, 1959. He graded the road and brought the water down from Almond Street at the top of Camelian. Poge 1 of 3 EXH I(31T C 1 OF 4 Resolution No. 03-004 Page 8 of 11 On his two acres,Mr. Noreen built a two story home facing Carnelian,landscaped around it and built pens for a cow and goats; a bird aviary and orchard,and planted a variety of beautiful trees. A park-like atmosphere was created. He also planted the trees and oleanders an Cherry Lane. The present owner is his son, Bruce Noreen with his wife and children. Three properties face Cherry Lane. Two have a circular driveway. 1. The Masters family,40-year residents,built at the some time as the Noreen's on the east and the Schriber's to the west. They built a one-story,2000 square foot home with an orchard,garden, bap field, landscaping and flowers along with a variety of trees, now very mature. They also planted the Jojoba shrubs along Chert' Lane. 2. The Kniesley family are 11-year residents. They purchased the Schriber property then improved the orchard and landscaping. Here too,are many mature trees. 3. Steve Harrison & Lori Wharton have recently.purchased the fast one-acre parcel, on the west,having found the perfect site to build their home. They are presently going through the necessary steps to begin construction. REASONS This is a free neighborhood of friends; one of the most valuable assets for family living. Over the years the neighbors have become friends and have watched out for the general safety and welfare of each other. In August of 2000, there was a neighborhood meeting to discuss what to do with the "community property" Cherry Lane. All were in favor of privatization,but the project was put on hold at that time. Now, almost two years later the project is ready to begin and the neighbors are still in agreement regarding their views on the matter. Cherry Lane is... • A quiet country lane with no traffic,safe for children and animals. • A street where anyone coming in is going to one of our homes, and their coming and going is noticed. • An open space, with room to breathe. Pnge 2 nf 3 C. 2OF4 Resolution No. 03-004 Page 9 of 11 • A bird watchers paradise and animal lovers delight with birds and wildlife in a great variety and abundance. A special delight to all is the wild bunnies that occasionally stop your car while deciding whether to dig in or run. A place where artistic creations made from "found" materials and antique objects of interest are positioned along the road and in the yards of the Noreen's and Masters, creating unique points of interest for visitors and residents alike. CONCLUSION We have joined.together to form an agreement that each of us will contribute our share in the maintenance and preservation of Cherry Lane. We would Ike to have our road left as close as possible to the way it is now, and 9pVnote CHE`RRYY NE a Private Street. J nna Noreen ,,.� i'/fie..✓ Bruce Noreen Loreen Masters Debro Kniesiey Ruth Kniesley Ph' p Kru Lori W on Ne*ej,Aarrison .. r Pare 3 of 3 C 3Dir ►) Resolution No. 03-004 Page 10 of 11 JUN-11-2002 09233 RM Lor i_Nhort,ar. 909 901 3490 P.0-4 i • A bird watchen 0401 lovers dithi whh beads and wNdlfe In a peat tgo 4bbundance. A spedal dgkht to ON Is the wlb 601 ocoodonalty stop yota car while deddinA wheme+ a t Inlet run. ' A place wtlere 50 ,thg ficfrom'found materials and antique obs c rely Toned oWQ the roadand In the yard 's d Masten,awffnp unique Ponta of Interest for Cfsd rrN�dents agfce camdow We have Joined together ro an that each of us wlV contribute our shoe In the matmer a flnd ervotion of Cherry Lane. i We woUld ft to have our road left as$tl W a tble to the way it Is now. and i 1�0"&CHERRY NE a Prhvote 5t :i I nno Noreen it Brice . j-.�RF9dE 6ween Masten � � i "r KrYeaby � i l I R m farssley r ; . e � I i I 1 n t a f on i S y `.q r p i� rX.l :I 11 � It 4 DF y 1 W M 4y !! Lil Togal r.0l.L N,..1, 11 I � !7 PalaR I I 1 P GK � O 14y I 7 # v.sJ 19 — rs t N 27 d I f 7! 0. 1044cO C. LMAC. !r JA 33 73 � " a .. A _ ©CHERRY LANE 30# OFFEROFDEDICATIDA/ CD Ul N cm CITY OF ; CHERRY LANEco v RANCHO CUCAMONGA ; ID o EXHIBIT:TrIM u D i4 o W ENGINEERING DIVISION A