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Home My WebLink About12-197 - Resolutions RESOLUTION NO. 12-197 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING TRAIL ABANDONMENT DRC2009-00848, A REQUEST TO ABANDON TWO PORTIONS OF A LOCAL FEEDER TRAIL THAT LEADS FROM THE TRAIL BETWEEN RESIDENCES ONTO RANCH GATE ROAD IN THE VERY LOW RESIDENTIAL DISTRICT. THE TWO PORTIONS OF TRAIL ARE BETWEEN 5272 AND 5278 RANCH GATE ROAD AND ONE COMPLETELY ON THE SOUTH SIDE OF 5340 RANCH GATE ROAD;AND MAKING FINDINGS IN SUPPORT OF -APN: 1061-021-02; 1061-021-03; 1061-031-04. A. Recitals. 1. David Fajardo, on behalf of the property owners in Tract 9426, filed an application for Trail Abandonment DRC2009-00848, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Trail Abandonment is referred to as 'the application." 2. On the 10th day of November, 2010, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application DRC2009-00848 and continued the application to allow staff time to obtain more information on the requirements and costs of the trail vacation. 3. On the 22nd day August, 2012, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application DRC2009-00848 and issued Resolution No. 12-39, recommending the City Council approve the above listed application. 4. On the 19th day of December 2012,the City Council of the City of Rancho Cucamonga conducted a duly noticed public hearing on this application and concluded said hearing on that date. 5. All legal prerequisites to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, it is hereby found, determined, and resolved by the City Council of the City of Rancho Cucamonga as follows: 1. This Council hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. Based upon the substantial evidence presented to this Council during the above-referenced meeting on December 19, 2012, including written and oral staff reports, this Council hereby specifically finds as follows: a. The sites are located within the Very Low Residential District near the northwest corner of the City of Rancho Cucamonga. One section of the private local equestrian trail is along the south property line of the property at 5340 Ranch Gate Road, and the second section is split down the middle of the property line between 5272 and 5278 Ranch Gate Road; and b. The Trails Implementation Plan that was adopted by Resolution 91-262 provides guidance for the vacation of trails. This trail was established under Tract Map 9426 which was approved under the County of San Bernardino; and C. The project site is currently zoned Very Low Residential and is bound on the north and west side by the flood control corridor; on the south by single-family residences; and the Southern California Edison corridor to the east. The trail at the rear of the properties will be required to connect to the flood control corridor to provide continuous access to the trail system. 3. Based upon the substantial evidence presented to this Council during the above-referenced public hearing and upon the specific findings of facts set forth in Paragraphs 1 and 2 above, this Council hereby finds and concludes as follows: a. The proposed local trail abandonment does not conflict with the Land Use Policies of the General Plan and will provide for the logical development of the surrounding area by vacating the two spurs that run through the residence yards and requiring that the trail be redirected through the flood control corridor in the future; and b. The proposed trail abandonment will not be detrimental to the public health,safety or welfare, or materially injurious to properties or improvements in the vicinity because they have been closed off for many years, and the requirement to connect the remaining trail to the flood control corridor in the future will connect this trail a regional multi-purpose trail. This requirement also satisfies the General Design Guidelines in the Development Code which requests that the local feeder trails provide public access to regional trails within subdivisions; and C. The proposed trail abandonment is in conformance with the General Plan and Development Code as it provides access to the regional trails by connecting the local trail to the regional multi-purpose trail. 4. The Planning Department staff has determined that the project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) and the City's CEQA Guidelines. The project qualifies under the Class 5 exemption under State CEQA Guidelines Section 15305 Minor Alterations in Land Use Limitations because the applicant is only abandoning two portions of a trail. In addition, there is no substantial evidence that the project may have a significant effect on the environment. The City Council has reviewed the Planning Department's determination of exemption, and based on its own independent judgment, concurs in the staffs determination of exemption. 5. Based upon the findings and conclusions set forth in Paragraphs 1, 2, 3, and 4, above, this City Council hereby approves Trail Abandonment DRC2009-00848 by adoption of this Resolution subject to each of the Standard Conditions, attached hereto and incorporated herein by this reference: PLANNING DEPARTMENT 1) Approval is for the abandonment of two portions of the local equestrian trail easement upon completion of all conditions. One section is located entirely on the property located at 5340 Ranch Gate Road along the south property line, and the second section is split along the property line between 5272 and 5278 Ranch Gate Road. 2) The property owners shall be responsible for working with a title officer to process the paper work necessary for the County Recorder to remove the easement from their property title. Resolution No. 12-197 - Page 2 of 4 3) The applicant shall agree to defend at his sole expense any action brought against the City, its agents, officers, or employees, because of the issuance of such approval, or in the alternative, to relinquish such approval. The applicant shall reimburse the City, its agents,officers,or employees, for any court costs and attorney's fees which the City, its agents, officers, or employees may be required by a court to pay as a result of such action. The City may, at its sole discretion, participate at its own expense in the defense of any such action but such participation shall not relieve applicant of his obligations under this condition. 4) A recorded copy of the easement vacation(s) shall be submitted to the Engineering Services Department. 5) The trail at the rear of the properties shall be graded and maintained in a usable condition per the Trail Implementation Plan design standards for local trails. 6) All documents shall be reviewed by the Planning Department and the Engineering Services Department prior to submittal to the Title Company or County Recorders office. 7) The applicant shall be required to pay the following fee: Notice of Exemption - $50. 6. The City Clerk shall certify the adoption of this Resolution. Please see the following page for formal adoption,certification and signatures Resolution No. 12-197 - Page 3 of 4 PASSED, APPROVED, AND ADOPTED this 19th day of December 2012. AYES: Alexander, Michael, Spagnolo, Steinorth, Williams NOES: None ABSENT: None ABSTAINED: None L. ennis Michael, Major ATTEST: dEfQ�� -1--' 44,1t� 61ice C. Reynolds, City lerk I, JANICE C. REYNOLDS, 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 19th day of December 2012. Executed this 20th day of December 2012, at Rancho Cucamonga, California. J2nice C. Reynolds, City Nerk Resolution No. 12-197 - Page 4 of 4