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Home My WebLink About03-090 - Resolutions Recorded In Official Records, County of San Bernardino 6/13/2003 s, LARRY WALKER 9:34AM e� s Auditor/Controller — Recorder RECORDING REQUESTED BY: R Regular Mail CITY OF RANCHO CUCAMONGA Doc#: 2003-0397988 Titles: t Pages: 13 and Fees 0.00 WHEN RECORDED MAIL TO: III IIII II III I VIII VIII II VIII III Taxes 0.00 PAIDr $0.00 0.00 City Clerk City of Rancho Cucamonga P.O. Box 807 Rancho Cucamonga, CA 91729 RESOLUTION NO. 03-090 DESIGNATING CHERRY LANE AS A PRIVATE STREET AND EXEMPTING THE ABUTTING PROPERTIES ROM REQUIREMENTS SET FORTH IN CHAPTER 12.08 OF THE MUNICIPAL CODE SUBJECT TO CERTAIN CONDITIONS Title of Document RESOLUTION NO. 03-090 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DESIGNATING CHERRY LANE AS A PRIVATE STREET AND EXEMPTING THE ABUTTING PROPERTIES FROM REQUIREMENTS SET FORTH IN CHAPTER 12.08 OF THE MUNICIPAL CODE SUBJECT TO CERTAIN CONDITIONS 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 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"). 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. Resolution No. 03-090 �7 Page 2 of 11 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. SECTION 3: Said Conditions of Approval have been satisfied. 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. 03-090 Page 3 of 11 PASSED, APPROVED, AND ADOPTED this 16`" day of April 2003. AYES: Alexander, Gutierrez, Howdyshell, Kurth, Williams NOES: None ABSENT: None ABSTAINED: None William J. g exander, N) yor ATTEST: bra J. Ad s, 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 16'" day of April 2003. Executed this 17`" day of April 2003, at Rancho Cucamonga, California. D bra J. Ada CMC, City Clerk Resolution No. 03-090 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. GG%teRweed Wad Not adopted. Non-Compliance 38a flet north 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 met in compliance in accordance with Resolution No. 2002-215. Resolution No. 03-090 Page 5 of 11 u ER Y N CITY OF ram: v►ewN,TY MAP RANCHO CUCAMONGA TrrLE: CHERRY LAME. ENGINEEffiNG DIVISION EXH mrr: �p c�/✓ T G a T S --cr��z ti�. cQM�y�r� �J P44N_ — p�eoYoSao 176 y�P .� PeD B6 32 Q �i 0�65ED 86YZ 9?6 SZ M I f/oM� EX 05 Ti N C. e-xl'Sr/N t �1 f1.4/r�i ScvL Ho L 14oAl6r I � w w/tgera�v KN i�SL�� nA s res T V 4 ieu m •reJ CNE KWY 4Alu4r y o om w1PoGE S =� 0 wo 3 SIORiN v,PRi'iv /°/%ot //�ir�aSo�vR� w/tGL f o To /1!�/daNS Cee-L-k CN}tiilO*r L Resolution No. 03-090 Page 7 of 11 APPLICATION FOR PRIVATE STREET DESIGNATION REASONS, USE, APPLICANTS CHERRY LANE Cherry Lane is a small country lane 660 feet long,east off Carnelian Street Just above Hillside Road. 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 Cheng Lane properties. The electric,water 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 Ones, the entire east/west length of the Cherry Lane properties, to channel storm water east.to Camelian 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 dram, which empties into the flood channel at the back of the west Topaz development. Three acres of undeveloped land Des north of the Cherry Lane properties. It consists of four parcels: One is 135.feet wide and three are 90 feet wide, ail are 330 feet deep and all face Vicara 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 Camefian and has an access gate to the property opening onto Cherry Lane. 1. 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 Camelion. Pnge 1 of 3 EXH 1 S 1T C % n! u Resolution No. 03-090 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 on 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 same time as the Noreen's on the east and the Schdbers to the west. They built a one-story,2000 square foot home with an orchard, garden, bag field, landscaping and flowers along with a variety of trees, now very mature. They also planted the Jojoba shrubs along Cherry 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 it. Lori Wharton have recently.purchased the last 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 true 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 of 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. Poge 2 of 3 C. Resolution No. 03-090 Page 9 of t i • 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 on agreement that each of us will contribute our share in the maintenance and preservation of Cherry Lane. We would rrke to have our road left as close as possible to the way it is now, and D ;nate CHERRY NE a Private Street. J nna Noreen Bruce Noreen C�,a � t.x- SrtGlfc�U�li Loreen Masters Debra Kniestey ��t Ruth Knleslle� �— Ph' Kni Lori w on fre'veilGrison rC� Page 3 of 3 do �00LA Resolution No. 03-090 Page 10 of 11 JUN-11-2902 01235 AM Lori-Nhorson 909 401 5490 P.94 i ! • Abkdwatchers f animal laversdithlwith bk* and wldlle In a goof ty and once. A speAll ot dellght to CA Is 1iw wUd oCOCIdormly stop your tz[s Wilk deddGrg Wvhsfher . �)ti' . run. • A plaice when otflsSc hom"found"motoniab and antique objects Of 'esl}bned slang the road and In the yards of the ' 's d Masters.creoNnp unique Points of Interost for vW Md ante. CO W.; We hove joined together tc , nt that each of usw conirbuto our Baro In the malntenfa iae ervapod n of C"Lane. r � We would Ike to have our rood loft a1*s 011Q�offlble to the way It h now. old ; l o!e CHE! NE a ft-ate Stre ma Noneen — I �,/� i Bruce � , j.OR�tr: �+Moehrs f It KnteYer A r� � � pLOW 1 l f � j Pnne ch 1 i i � n Im W �N2fir W . ~ Is a p 1 = Rs I r/R,ur j .0 ! t. V�1Z9 i i ! of r 1 .LLl 21 ; O . O O . O ! s: 1 au 1 : R u 4 CHERRY LANE 30' OFFER OF,02bieATICAl CDNEn CITY OF ; CHERRY LANE 0 z RANCHO CUCAMONGA �1E;OFFIL OF ba—AkCATIOA/ CDo ENGERNERING DIVISION EgHgfr. u (p iii o o yo STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) ss. On April 17, 2003, before me, Kathryn L. Scott, Deputy City Clerk of the City of Rancho Cucamonga, personally appeared DEBRA J. ADAMS, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Kathryn L. Scott, CMC Deputy City Clerk City of Rancho Cucamonga