STATEMENT OF PROCEEDINGS
COUNTY OF SAN DIEGO BOARD OF SUPERVISORS
REGULAR MEETING - PLANNING AND LAND USE MATTERS
WEDNESDAY, APRIL 18, 2007, 9:00 AM
Board of Supervisors North Chamber
1600 Pacific Highway, Room 310, San Diego, California
MORNING SESSION: Meeting was called to order at 9:03 a.m.
PRESENT: Supervisors Ron Roberts, Chairman; Greg Cox, Vice-Chairman; Dianne Jacob;
Pam Slater-Price; Bill Horn; also Thomas J. Pastuszka, Clerk.
Approval of Statement of Proceedings/Minutes for the Meeting March 21, 2007.
ACTION:
ON MOTION of Supervisor Horn, seconded by Supervisor Slater-Price, the Board of Supervisors approved the Statement of Proceedings/Minutes for the meeting of March 21, 2007.
AYES: Cox, Jacob, Slater-Price, Roberts, Horn
Board of Supervisors’ Agenda Items
1. / NOTICED PUBLIC HEARING:AMENDMENTS TO THE COUNTY OF SAN DIEGO ZONING ORDINANCE RELATING TO CARGO CONTAINERS; POD 06-002
2. / NOTICED PUBLIC HEARING:
PAUMA VALLEY COUNTRY CLUB ZONE RECLASSIFICATION; R04-027, PALA-PAUMA COMMUNITY PLAN AREA
3. / NOTICED PUBLIC HEARING:
CIELO DEL NORTE TIME EXTENSION: APPEAL OF A PLANNING COMMISSION DECISION TO APPROVE A TIME EXTENSION FOR TENTATIVE MAP (TM) 5182RPL7TE; SAN DIEGUITO COMMUNITY PLAN
4. / NOTICED PUBLIC HEARING:
WHITE OPEN SPACE EASEMENT VACATION; VAC 03-021, MOUNTAIN EMPIRE COMMUNITY PLAN
5. / NOTICED PUBLIC HEARING:
LI OPEN SPACE VACATION; VAC 05-008, SAN DIEGUITO COMMUNITY PLAN AREA
6. / NOTICED PUBLIC HEARING:
CHURCH OF NATIVITY; SPECIFIC PLAN AMENDMENT SPA 04-005, MAJOR USE PERMIT MODIFICATION P86-045W4, SAN DIEGUITO COMMUNITY PLANNING AREA
7. / NOTICED PUBLIC HEARING:
ACQUIRING .56 ACRES (LANNING) FOR DEVELOPMENT OF AN ACTIVE PARK ON CLEMMENS LANE IN FALLBROOK; REALLOCATING AND DISHCHARGING GRANT FUNDS FOR SUCH ACQUISITION
8. / PROTECTING SCHOOL CHILDREN: TRAFFIC SAFETY MEASURES FOR BERNARDO AVENUE AND MOUNTAIN HEIGHTS DRIVE
9. / APPLY FOR AND ACCEPT FEDERAL AND STATE GRANT FUNDS, AMEND THE FISCAL YEAR 2006-07 AIRPORT ENTERPRISE FUND SPENDING PLAN
[FUNDING SOURCE(S): AIRPORT ENTERPRISE FUND, FAA, AND STATE DIVISION OF AERONAUTICS]
10. / AUTHORIZATION TO APPLY FOR AND ACCEPT STATE GRANTS TO MITIGATE BURN SITES AND LANDFILLS
11. / SET HEARING FOR 5/23/07
FORMATION OF UNDERGROUND UTILITY DISTRICT FOR BONITA ROAD PHASE 3 IN THE COMMUNITY OF BONITA
12. / SET HEARING FOR 5/23/07
ADOPT RESOLUTION OF INTENTION TO ESTABLISH CAMPO WATER AND SEWER MAINTENANCE DISTRICT
13. / ESTABLISHMENT OF APPROPRIATIONS AND AUTHORIZATION TO BID AND AWARD A CONSTRUCTION CONTRACT FOR FALLBROOK COMMUNITY CENTER IMPROVEMENTS
[FUNDING SOURCE(S): FALLBROOK PARK LAND DEDICATION ORDINANCE (PLDO) FUNDS AND COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS]
(4 VOTES)
14. / ESTABLISHMENT OF APPROPRIATIONS AND AUTHORIZATION TO BID AND AWARD A CONSTRUCTION CONTRACT FOR HILTON HEAD PARK PHASE II IMPROVEMENTS, RANCHO SAN DIEGO
[FUNDING SOURCE(S): PROPOSITION 40 ROBERTI-Z’BERG-HARRIS GRANT FUNDS]
(4 VOTES)
15. / APPROVE AND AUTHORIZE REQUEST FOR USE OF 1.37 ACRES OF THE COUNTY’S 5% COASTAL SAGE SCRUB LOSS ALLOTMENT BY THE CITY OF ESCONDIDO FOR THE WIER PROJECT
[FUNDING SOURCE(S): UNANTICIPATED REVENUE FROM THE CITY OF ESCONDIDO]
(4 VOTES)
16. / ADMINISTRATIVE ITEM:
SECOND CONSIDERATION AND ADOPTION OF ORDINANCE: FIRE MITIGATION FEE REVIEW COMMITTEE ANNUAL REPORT AND INCREASE IN FIRE MITIGATION FEE FOR FISCAL YEAR 2007-08
17. / ADMINISTRATIVE ITEM:
SECOND CONSIDERATION AND ADOPTION OF ORDINANCES: TRAFFIC ADVISORY COMMITTEE RECOMMENDATIONS
18. / CLOSED SESSION
(CARRYOVER ITEM FROM 4/17/07, AGENDA NO. 21)
19. / PUBLIC COMMUNICATION
4/18/07 22
1. / SUBJECT: / NOTICED PUBLIC HEARING:AMENDMENTS TO THE COUNTY OF SAN DIEGO ZONING ORDINANCE RELATING TO CARGO CONTAINERS; POD 06-002 (DISTRICT: ALL)
OVERVIEW:
On December 6, 2005 (10), the Board of Supervisors directed a review of ordinances and regulations on the use of cargo containers to determine ways to ensure compatibility with surrounding land uses and the community’s character. In response, the Department of Planning and Land Use proposes to amend the San Diego County Zoning Ordinance to change regulations applying to the use of cargo containers in residential and agricultural areas.FISCAL IMPACT:
N/ARECOMMENDATION:
PLANNING COMMISSION
Recommends that the Board of Supervisors:
1. Find that the proposed project is exempt from the California Environmental Quality Act (CEQA) as specified under Section 15061(b)(3) of the CEQA Guidelines for the reasons detailed in the Notice of Exemption dated January 31, 2007 on file with the Department of Planning and Land Use as POD 06-002; and,
2. Adopt the attached Form of Ordinance:
AN ORDINANCE AMENDING THE SAN DIEGO COUNTY ZONING ORDINANCE TO DEFINE AND REGULATE CARGO CONTAINERS
DEPARTMENT OF PLANNING AND LAND USE
Concurs with the Planning Commission’s recommendations.
ACTION:
Amending Section 6162a.7.(i) of the Ordinance to read, “A cargo container shall only be allowed if it is not visible from any roadway that runs along the parcel;” Directing the Chief Administrative Officer to report back to the Board of Supervisors on how to prohibit semi-trailers parked on property for storage purposes; and Directing the Chief Administrative Officer to report back in one year, ON MOTION of Supervisor Jacob, seconded by Supervisor Cox, the Board closed the Hearing and took action as recommended, adopting Ordinance No. 9844 (N.S.) entitled: AN ORDINANCE AMENDING THE SAN DIEGO COUNTY ZONING ORDINANCE TO DEFINE AND REGULATE CARGO CONTAINERS.
AYES: Cox, Jacob, Slater-Price, Roberts
NO: Horn
2. / SUBJECT: / NOTICED PUBLIC HEARING:
PAUMA VALLEY COUNTRY CLUB ZONE RECLASSIFICATION; R04-027, PALA-PAUMA COMMUNITY PLAN AREA (DISTRICT: 5)
OVERVIEW:
The project, located on the west bank of the San Luis Rey River at Wiskon Way West, south of SR76 in the Pala-Pauma Community Planning area proposes a Zone Reclassification in order to align an existing zone boundary between A70 Limited Agriculture Use Regulations and RS4 Single-Family Residential Use Regulations to correspond to the existing (24) Impact Sensitive and (6) Residential General Plan Land Use Designations respectively. No additional development is proposed by this project; it would address a discrepancy between zoning and the General Plan. However, resolving this discrepancy will allow future discretionary actions for development of the property. [Thomas Guide: Page 1051; B/C6]FISCAL IMPACT:
N/ARECOMMENDATION:
PLANNING COMMISSION
1. Find that the proposed project is exempt from the California Environmental Quality Act (CEQA) as specified under Section 15305 of the CEQA Guidelines for the reasons detailed in the Notice of Exemption dated July 21, 2006 on file with the Department of Planning and Land Use as R04-027 (Attachment C).
2. Recommend to the Board of Supervisors that they adopt the Form of Ordinance approving Zone Reclassification R04-027
DEPARTMENT OF PLANNING AND LAND USE
The Department concurs with the Planning Commission recommendation.
ACTION:
ON MOTION of Supervisor Jacob, seconded by Supervisor Slater-Price, the Board closed the Hearing and took action as recommended, on Consent, adopting Ordinance No. 9845 (N.S.) entitled: AN ORDINANCE CHANGING THE ZONING CLASSIFICATION OF CERTAIN PROPERTY IN THE PALA-PAUMA SUBREGIONAL PLANNING AREA REF: R04-027.
AYES: Cox, Jacob, Slater-Price, Roberts, Horn
3. / SUBJECT: / NOTICED PUBLIC HEARING:
CIELO DEL NORTE TIME EXTENSION: APPEAL OF A PLANNING COMMISSION DECISION TO APPROVE A TIME EXTENSION FOR TENTATIVE MAP (TM) 5182RPL7TE; SAN DIEGUITO COMMUNITY PLAN (DISTRICT: 5)
OVERVIEW:
This an appeal by Elfin Forest/Harmony Grove Volunteer Fire Department, of a Planning Commission decision to approve a request for an extension of the expiration date of an approved Tentative Map (TM5182RPL7). The appellant objects to changes to conditions of approval that identify the County as the lead fire authority for County Service Area (CSA) 107 rather than the Elfin Forest/Harmony Grove Volunteer Fire Department. TM5182RPL7 implements the Cielo del Norte Specific Plan (SP99-001) and includes 154 single-family residential lots with a minimum lot area of 0.5-acre and approximately 313 acres of natural open space. The project site is located south of the intersection of Elfin Forest Road and Harmony Grove Road in the San Dieguito Community Plan area. The site is within the Estate Development Area (EDA) Regional Category and (21) Specific Plan Area (0.32) Land Use Designation as set forth by the Regional Land Use Element of the General Plan. Zoning for the site includes the S88 Specific Planning Area Use Regulations. (Thomas Guide, Page1148, H3)FISCAL IMPACT:
N/ARECOMMENDATION:
PLANNING COMMISSION
Deny the appeal and adopt the Final Decision of the Board of Supervisors approving a Time Extension until December 3, 2011 and note reasons included in the staff report.
DEPARTMENT OF PLANNING AND LAND USE
The Department of Planning and Land Use concurs with the Planning Commission recommendation.
ACTION:
Directing the Chief Administrative Officer to work with the Elfin Forest/Harmony Grove Fire Department to resolve the issue relating to the fire station, ON MOTION of Supervisor Horn, seconded by Supervisor Cox, the Board closed the Hearing and took action as recommended.
AYES: Cox, Jacob, Slater-Price, Roberts, Horn
4. / SUBJECT: / NOTICED PUBLIC HEARING:
WHITE OPEN SPACE EASEMENT VACATION; VAC 03-021, MOUNTAIN EMPIRE COMMUNITY PLAN (DISTRICT: 2)
OVERVIEW:
On March 21, 2007 (6), the Board of Supervisors took action as recommended setting hearing for April 18, 2007 at 9:00 a.m.This is a request to vacate an 18.31-acre existing open space easement dedicated to satisfy a condition of the approved Forest Park Partnership Tentative Parcel Map (TPM) 20043 within the Jamul-Dulzura Community Planning area. Mitigation for TPM20043 included the dedication of 18.03 acres of off-site property for the preservation of Granitic chamise chaparral to reduce biological impacts to less than significant. In order to satisfy this condition, the applicant recorded an easement on an 18.31-acre parcel that the partnership already owned in McCain Valley. However, once recorded, other members of the partnership informed the applicant that they did not want the land to be dedicated within an open space easement. The partnership was able to acquire and dedicate an alternate 18.83-acre parcel within the McCain Valley that fit the criteria required to satisfy the condition of TPM 20043. The substitute easement was recorded by the Department of General Services on March 9, 2005 and the recording documentation is provided in Attachment C.
The open space easement proposed for vacation is located west of Canebrake Road and east of McCain Valley Road in the unincorporated Mountain Empire Community Plan area of San Diego County. (Thomas Guide, Page 430, C6)
RECOMMENDATION:
DEPARTMENT OF PLANNING AND LAND USE
1. On April 18, 2007, at the close of public hearing:
a. Adopt the Resolution entitled:
RESOLUTION OF VACATION OF STREET, HIGHWAY OR PUBLIC SERVICE EASEMENT (VAC 03-021)
2. On April 18, 2007, at the close of public hearing, direct the Clerk of the Board of Supervisors to record the Resolution of Vacation, which includes the findings
and determinations required by law.
ACTION:
ON MOTION of Supervisor Jacob, seconded by Supervisor Slater-Price, the Board closed the Hearing and took action as recommended, on Consent, adopting Resolution No. 07-070 , entitled: RESOLUTION OF VACATION OF STREET, HIGHWAY, OR PUBLIC SERVICE EASEMENT (VAC 03-021).
AYES: Cox, Jacob, Slater-Price, Roberts, Horn
5. / SUBJECT: / NOTICED PUBLIC HEARING:
LI OPEN SPACE VACATION; VAC 05-008, SAN DIEGUITO COMMUNITY PLAN AREA (DISTRICT: 5)
OVERVIEW:
On March 21, 2007 (5), the Board of Supervisors took action as recommended setting hearing for April 18, 2007 at 9:00 a.m.This is a request to vacate 0.38 acre of an existing 1.64-acre open space easement on the Li property located at 17574 Calle Mayor, Rancho Santa Fe in the unincorporated San Dieguito Community Planning area of San Diego County (Thomas Guide, Page 1168, H5). The area to be vacated was dedicated as Open Space Easement No.1 on recorded Map 9737.
The open space easement vacation will allow for a proposed new garage, pool remodel and maintenance of an existing pond. Mitigation for the vacation will be provided by dedicating an equal acreage of open space easement area along the northern property boundary of the site.
The General Plan Land Use Designation is (21) Specific Plan Area and the zoning is RR1, Rural Residential Use Regulation. The project is within the Metro-Lakeside-Jamul segment of the Multiple Species Conservation Program (MSCP).
RECOMMENDATION:
DEPARTMENT OF PLANNING AND LAND USE
1. On April 18, 2007, at the close of public hearing:
a. Accept the Dedication of Open Space Easement. See Attachment C for the Deed for the proposed open space easement dedication; and
b. Adopt the Resolution entitled:
Resolution of vacation of street, highway or public service easement (LI; VAC 05-008); and
c. Direct the Clerk of the Board of Supervisors to record the Resolution of Vacation, which includes the findings and determinations required by law.
ACTION:
ON MOTION of Supervisor Jacob, seconded by Supervisor Slater-Price, the Board closed the Hearing and took action as recommended, on Consent, adopting Resolution No. 07-071, entitled: RESOLUTION OF VACATION OF STREET, HIGHWAY, OR PUBLIC SERVICE EASEMENT (VAC 05-008).
AYES: Cox, Jacob, Slater-Price, Roberts, Horn
6. / SUBJECT: / NOTICED PUBLIC HEARING:
CHURCH OF NATIVITY; SPECIFIC PLAN AMENDMENT SPA 04-005, MAJOR USE PERMIT MODIFICATION P86-045W4, SAN DIEGUITO COMMUNITY PLANNING AREA (DISTRICT: 5)
OVERVIEW:
The project requests an Amendment to the El Apajo Specific Plan and a Major Use Permit Modification to allow for the construction of an 11,967 square-foot gymnasium and a 906 square-foot art classroom within the existing Church of Nativity religious assembly complex. The 8.63-acre site is located at 6309 El Apajo Road within the San Dieguito Community Planning area. The proposed Specific Plan Amendment would remove the 800 square-foot limitation on accessory structures, add language to limit the use of such accessory structures for school purposes only, would require future expansion of the school’s floor area to process a Specific Plan Amendment, and would make other clarifications to outdated portions of the plan’s text.The General Plan Land Use Designation for the site is (21) Specific Plan Area and the project is within the adopted El Apajo Specific Plan Area. The property is zoned S88 Specific Planning Area Use Regulation and is subject to the “F” Floodplain Special Area Regulations. (Thomas Guide, Page 1186, E6)
FISCAL IMPACT:
N/ARECOMMENDATION:
PLANNING COMMISSION
1. Adopt the resolution approving Specific Plan Amendment (SPA) 04-005, which makes the appropriate findings and includes those requirements and conditions necessary to ensure that the project is implemented in a manner consistent with State law and the County General Plan.
2. Grant Major Use Permit Modification P86-045W4, which makes the appropriate findings and includes those requirements and conditions necessary to ensure that the project is implemented in a manner consistent with the Zoning Ordinance and State Law.
DEPARTMENT OF PLANNING AND LAND USE
The Department concurs with the Planning Commission recommendations and adds the following:
Adopt the Environmental Findings and Determinations for P86-045W4/SPA04005/ER86-03-022B at Attachment D.
ACTION:
ON MOTION of Supervisor Jacob, seconded by Supervisor Slater-Price, the Board closed the Hearing and took action as recommended, on Consent, adopting Resolution No. 07-072, entitled: RESOLUTION OF THE SAN DIEGO COUNTY BOARD OF SUPERVISORS APPROVING SPECIFIC PLAN AMENDMENT SPA 04-005 (EL APAJO SPECIFIC PLAN, SP 96-001).
AYES: Cox, Jacob, Slater-Price, Roberts, Horn
7. / SUBJECT: / NOTICED PUBLIC HEARING:
ACQUIRING .56 ACRES (LANNING) FOR DEVELOPMENT OF AN ACTIVE PARK ON CLEMMENS LANE IN FALLBROOK; REALLOCATING AND DISHCHARGING GRANT FUNDS FOR SUCH ACQUISITION (DISTRICT: 5)
OVERVIEW:
On March 21, 2007 (10), the Board of Supervisors took action as recommended setting hearing for April 18, 2007 at 9:00 a.m.The County has identified a .56-acre vacant site in the Fallbrook area for development of an active neighborhood park. The parcel is located on Clemmens Lane, west of Mission Road and south of Ammunition Road (Thomas Guide, Page 1027, F-4). The fair market value of the parcel is $285,000, as determined by an independent fee appraiser.
This is a request to set a hearing for April 18, 2007 to consider the purchase of the .56-acre parcel (Assessor’s Parcel Number 104-200-36) from Donald M. and Wilma F. Lanning for the appraised value of $285,000.
RECOMMENDATION:
CHIEF ADMINISTRATIVE OFFICER
1. Pursuant to the California Environmental Quality Act (CEQA) Guidelines Section 15221, adopt the Finding of No Significant Impact prepared in accordance with the National Environmental Protection Act rather than a Negative Declaration for this project, because it is being prepared before a Negative Declaration would otherwise be completed, and because it complies with the provisions of the CEQA Guidelines.
2. Approve the Real Property Contract and authorize the Clerk of the Board of Supervisors to execute two originals of the contract.
3. Authorize the Director of the Department of General Services, or designee, to execute all escrow and related documents necessary to complete the purchase.
ACTION:
ON MOTION of Supervisor Jacob, seconded by Supervisor Slater-Price, the Board closed the Hearing and took action as recommended, on Consent.
AYES: Cox, Jacob, Slater-Price, Roberts, Horn
8. / SUBJECT: / PROTECTING SCHOOL CHILDREN: TRAFFIC SAFETY MEASURES FOR BERNARDO AVENUE AND MOUNTAIN HEIGHTS DRIVE (DISTRICT: 3)
OVERVIEW: