STATEMENT OF PROCEEDINGS

COUNTY OF SAN DIEGO BOARD OF SUPERVISORS

REGULAR MEETING - PLANNING AND LAND USE MATTERS

WEDNESDAY, AUGUST 13, 2003, 9:00 AM

Board of Supervisors North Chamber

1600 Pacific Highway, Room 310, San Diego, California

MORNING SESSION: - Meeting was called to order at 9:05 a.m.

Present: Supervisors Greg Cox, Chairman; Dianne Jacob, Vice Chairwoman; Pam Slater; Ron Roberts; Bill Horn; also Thomas J. Pastuszka, Clerk.

Approval of Statement of Proceedings/Minutes for the Meeting of July 30, 2003.

ACTION:

ON MOTION of Supervisor Horn, seconded by Supervisor Roberts, the Board of Supervisors approved the Statement of Proceedings/Minutes for the meeting of July 30, 2003.

AYES: Cox, Jacob, Roberts, Horn

ABSENT: Slater

Public Communication - (No Speakers)

Board of Supervisors’ Agenda Items

1. / CONTINUED NOTICED PUBLIC HEARING:
SOUTHCOAST DEVELOPMENT; GENERAL PLAN AMENDMENT GPA 00-002, REZONE R99-003, TENTATIVE MAP TM 5179RPL3, AND MAJOR USE PERMIT P99-018 FOR A PROPOSED COMMERCIAL SHOPPING CENTER; LAKESIDE COMMUNITY PLANNING AREA
(CARRYOVER FROM 7/30/03, AGENDA NO. 1)
2. / CONTINUED NOTICED PUBLIC HEARING:
HICKS TENTATIVE PARCEL MAP – TPM 20448RPL2; PENDELTON-DELUZ SUBREGION PLAN
(CARRYOVER FROM 2/12/03, AGENDA NO. 2)
3. / NOTICED PUBLIC HEARING:
ALPINE MOBILEHOME ESTATES, ZONE RECLASSIFICATION (R01-004), MAJOR USE PERMIT MODIFICATION (P73-109W2) FOR A 13-SPACE EXPANSION, ALPINE COMMUNITY PLAN AREA
4. / NOTICED PUBLIC HEARING:
TIJUANA RIVER VALLEY - ACQUISITION OF APN 662-020-09 (HORWIN TRUST), 632-030-14 (WEISER TRUST) AND 632-040-15 (TONG/MCCARRON)
[FUNDING SOURCE(S): PREVIOUSLY BUDGETED COASTAL CONSERVANCY GRANT FUNDS]
5. / NEW PROGRAM TO INCREASE CONSUMER AWARENESS ABOUT SCANNER ACCURACY
6. / MITIGATION STRATEGIES FOR REDUCING RISKS FROM WILDLAND FIRES
7. / TRAFFIC ADVISORY COMMITTEE CONTINUED ITEM – DISABLED PARKING SPACE ON BUGGYWHIP DRIVE IN SPRING VALLEY
8. / REPORT ON USE OF EL TORO MARINE CORPS AIR STATION AS A COMMERCIAL AIRPORT
9. / AGREEMENT WITH CONSULTANT FIRM FOR LANDFILL ENGINEERING SERVICES ON AN AS-NEEDED BASIS
10. / AGREEMENTS WITH TWO CONSULTANT FIRMS TO PROVIDE FIELD SURVEY SERVICES ON AN AS-NEEDED BASIS
[FUNDING SOURCE(S): TRANSNET]
11. / SET HEARING FOR 9/17/03
VALLEY CENTER ROAD MITIGATION – ACQUISITION OF A PORTION OF ASSESSOR’S PARCEL NUMBER 185-010-97 (MCLAUGHLIN)
[FUNDING SOURCE(S): TRANSNET]
12. / ESTABLISHMENT OF APPROPRIATIONS AND ADVERTISEMENT TO BID AND AWARD A CONSTRUCTION CONTRACT – SPRING VALLEY PARK, PHASE II IMPROVEMENTS
13. / AUTHORIZATION TO APPLY FOR AND ACCEPT GRANTS FROM TWO FUNDING PROGRAMS FOR THE SPRING VALLEY TEEN CENTER AND COLLIER COUNTY PARK
[FUNDING SOURCE(S): GENERAL FUNDS, PROPOSITION 12 BOND ACT FUNDS, RAMONA PARK LAND DEDICATION ORDINANCE FUNDS, AND BUDGETED IN-KIND STAFF TIME]
14. / SET HEARING FOR 9/17/03
BORREGO SPRINGS - OPEN SPACE ACQUISITION - SET A HEARING TO CONSIDER THE PURCHASE OF ASSESSOR'S PARCEL NUMBER 201-010-01 (MILLER) ON OLD SPRINGS ROAD IN BORREGO SPRINGS
15. / APPOINTMENT TO THE COUNTY’S SCIENCE ADVISORY BOARD
16. / PROPERTY TAX EXCHANGE RESOLUTION: VANDE VEGTE REORGANIZATION (LAFCO REF. NO. RO03-10)
17. / PROPERTY TAX EXCHANGE FOR JURISDICTIONAL CHANGES – SUMMERVIEW DETACHMENT FROM VISTA IRRIGATION DISTRICT
18. / PROPERTY TAX EXCHANGE RESOLUTION: CRESSY REORGANIZATION (LAFCO REF. NO. RO03-06)
19. / COUNTY OF SAN DIEGO TRACT NO. 5259-1: APPROVAL OF MINOR REALIGNMENT OF TAVERN ROAD LOCATED IN THE ALPINE COMMUNITY PLANNING AREA
20. / COUNTY OF SAN DIEGO TRACT NOS. 5004-1 THRU 5004-4: APPROVAL OF JOINT COMMUNITY FACILITIES AGREEMENT FOR PUBLIC IMPROVEMENTS IN VALLEY CENTER COMMUNITY PLAN AREA
21. / ADMINISTRATIVE ITEM:
COUNTY OF SAN DIEGO TRACT NO. 5241-1: APPROVAL OF FINAL MAP AND SECURED AGREEMENT FOR PUBLIC AND PRIVATE IMPROVEMENTS LOCATED IN THE NORTH COUNTY METRO PLANNING AREA
22. /
AN UPDATE ON PLANS FOR THE REGION’S ENERGY FUTURE
(TIME CERTAIN FOR 9:00 A.M.)
23. / ADMINISTRATIVE ITEM:
SECOND CONSIDERATION AND ADOPTION OF ORDINANCE: TRAFFIC ADVISORY COMMITTEE RECOMMENDATIONS
24. / CLOSED SESSION
(CARRYOVER FROM 8/12/03 AGENDA ITEM NOS. 17 & OFF DOCKET 22)

8/13/03 3

1. / SUBJECT: / CONTINUED NOTICED PUBLIC HEARING:
SOUTHCOAST DEVELOPMENT; GENERAL PLAN AMENDMENT GPA 00-002, REZONE R99-003, TENTATIVE MAP TM 5179RPL3, AND MAJOR USE PERMIT P99-018 FOR A PROPOSED COMMERCIAL SHOPPING CENTER; LAKESIDE COMMUNITY PLANNING AREA (DISTRICT: 2)
(CARRYOVER FROM 7/30/03, AGENDA NO. 1)

OVERVIEW:

On July 30, 2003 (1), the Board at the request of the Chief Administrative Officer continued the Hearing to August 13, 2003 at 9:00 a.m.
The proposed project is a General Plan Amendment to amend the existing Land Use Designation on a portion of the subject site from (5) Residential, (8) Residential and (14) Service Commercial to (13) General Commercial Land Use Designation and to Rezone the site from RS7 Residential, A70 Limited Agriculture, C44 Freeway Commercial and C37 Heavy Commercial to C36 General Commercial and S80 Open Space Use Regulations. The project also includes implementing permits consisting of a Major Use Permit for a Planned Development and a Tentative Map for an eight-lot commercial subdivision.
The site is proposed to be developed as a commercial shopping center consisting of a 57,500 square-foot retail building and approximately 32,000 additional square feet of building area for retail shops, restaurants, a service station with car wash, open space lot, along with on-site landscaping and associated parking. The project is approximately 11.5 acres in size and located at the southeast corner of Olde Highway 80 and Lake Jennings Park Road within the Lakeside Community Planning Area.
This is also a request to authorize the Director of Planning and Land Use to execute a Defense and Indemnification Agreement and to require security from the applicant.

FISCAL IMPACT:

N/A
RECOMMENDATION:
PLANNING COMMISSION:
At the hearing on June 20, 2003, the Planning Commission reviewed the Environmental Impact Report (EIR), the proposed project and alternatives, but was unable to obtain 4 votes required to pass a motion. Under its Policy, PC2 the Commission is deemed to have recommended that the application be disapproved.
DEPARTMENT OF PLANNING AND LAND USE:
  1. Take the following actions to approve the "Biologically Preferred Alternative" of the project:
a.  Adopt the "Environmental Findings" for this project (Attachment B).
b.  Adopt the Resolution approving GPA 00-002 for the reasons stated therein and discussed in the report (Attachment C).
c.  Adopt the attached Form of Ordinance to approve Rezone R99-003 (Attachment D).
d.  Grant Major Use Permit P99-018 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 (Attachment F).
e.  Adopt the Resolution approving TM5179RPL3, 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 Subdivision Ordinance and State law (Attachment G).
  1. Authorize the Director of Planning and Land Use to execute the Defense and Indemnification Agreement with the applicant and require security in the amount of $300,000 in the form of a Bond or Letter of Credit.

ACTION:

ON MOTION of Supervisor Jacob, seconded by Supervisor Slater, the Board of Supervisors took action as recommended, on Consent, on the following Revised Recommendations:
1.  Approve the withdrawal of this matter from the agenda;
2.  Direct Chief Administrative Officer to prepare appropriate revisions to the Environmental Impact Report (EIR) and re-circulate the revised EIR for public review; and
3.  Direct the Chief Administrative Officer to return the project to the Board of Supervisors for hearing at the earliest feasible time after recirculation of the EIR, providing public notice of the Hearing as required.
AYES: Cox, Jacob, Slater, Roberts, Horn
2. / SUBJECT: / CONTINUED NOTICED PUBLIC HEARING:
HICKS TENTATIVE PARCEL MAP – TPM 20448RPL2; PENDELTON-DELUZ SUBREGION PLAN (DISTRICT: 5)
(CARRYOVER FROM 2/12/03, AGENDA NO. 2)

OVERVIEW:

On February 12, 2003 (2), the Board of Supervisors granted an extension until August13, 2003 to allow time for the advertisement of the Mitigated Negative Declaration and preparation of the final documents necessary for completing the Tentative Parcel Map application. Prior to the February2003 Board hearing, the Board of Supervisors granted a six-month time extension on August7, 2002 and a one-year time extension on August1, 2001. The Board of Supervisors granted these time extensions to allow the applicant time to
work with the County and complete all the necessary documentation for processing the minor subdivision application.
The project is a minor subdivision application in the Pendelton-Deluz Subregional Plan and proposes to subdivide 82.8 acres into 4 parcels and a Designated Remainder Parcel ranging between 4 and 57 acres in size. The project site is zoned A70, Limited Agriculture (1 dwelling unit/2 or 4 acres) Use Regulation and is located within the (17) Estate Residential (1 dwelling unit/2 or 4 acres) and (18) Multiple Rural (1dwelling unit/4, 8 or 20 acres) Land Use Designations.

FISCAL IMPACT:

N/A
RECOMMENDATION:
CHIEF ADMINISTRATIVE OFFICER:
Adopt the Final Notice of Approval approving TPM 20448RPL2 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 Subdivision Ordinance and State Law.

ACTION:

ON MOTION of Supervisor Jacob, seconded by Supervisor Slater, the Board of Supervisors closed the Hearing and took action as recommended, on Consent.
AYES: Cox, Jacob, Slater, Roberts, Horn
3. / SUBJECT: / NOTICED PUBLIC HEARING:
ALPINE MOBILEHOME ESTATES, ZONE RECLASSIFICATION (R01-004), MAJOR USE PERMIT MODIFICATION (P73-109W2) FOR A 13-SPACE EXPANSION, ALPINE COMMUNITY PLAN AREA (DISTRICT: 2)

OVERVIEW:

This is a request for Zone Reclassification and Major Use Permit Modification on a 2.40-acre portion of the existing Alpine Mobilehome Estates. The project proposes rezoning the 2.40-acre portion from the RV15 Variable Residential Family (14.5 dwelling units per acre) Use Regulations to RMH15 (14.5 dwelling units per acre) the Mobilehome Residential Use Regulations and a change to the Building Type Designator from "F" to "A". The Zone Reclassification is required pursuant to Section 6516(c) of The Zoning Ordinance. The Major Use Permit Modification will allow an additional 13-space expansion of the existing 152-space mobilehome park for a total of 165 mobilehome park spaces. The project is located at 2400 Alpine Boulevard in the Alpine Community Planning Area. The site is also subject to the “B” Community Design Review Designator requirements for compliance with the Alpine Design Guidelines.

FISCAL IMPACT:

N/A
RECOMMENDATION:
PLANNING COMMISSION:
  1. Recommend that the Board of Supervisors adopt the Ordinance approving a Zone Reclassification from (RV) Variable Residential to (RMH) Mobilehome Residential.
  1. Recommend that the Board of Supervisors grant Major Use Permit Modification P73109W2 that 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.
DEPARTMENT OF PLANNING AND LAND USE:
The Department concurs with the Planning Commission.

ACTION:

ON MOTION of Supervisor Jacob, seconded by Supervisor Slater, the Board of Supervisors closed the Hearing and took action as recommended, on Consent, adopting Ordinance No. 9591 (N.S.), entitled: AN ORDINANCE CHANGING THE ZONING CLASSIFICATION OF CERTAIN PROPERTY REF: R01-004.
AYES: Cox, Jacob, Slater, Roberts, Horn
4. / SUBJECT: / NOTICED PUBLIC HEARING:
TIJUANA RIVER VALLEY - ACQUISITION OF APN 662-020-09 (HORWIN TRUST), 632-030-14 (WEISER TRUST) AND 632-040-15 (TONG/MCCARRON) (DISTRICT: 1)

OVERVIEW:

On July 9, 2003 (22), the Board of Supervisors set a hearing for August 13, 2003 to consider the purchase of three parcels located within the Tijuana River Valley Regional Park Focus Planning Area. The parcels are identified as follows:
  1. APN 662-020-09 (Horwin Trust)
  2. APN 632-030-14 (Weiser Trust)
  3. APN 632-040-15 (Tong/McCarron)
The Horwin Trust parcel is located north of Monument Road and is bordered by State Park lands (Thomas Brothers Map reference 1349 H-5). The owner has agreed to sell the parcel to the County for the appraised value of $365,000. Following completion of the acquisition, the County expects to deed the parcel to the California Department of Parks and Recreation, and the State will assume responsibility for management of the parcel.
The Weiser Trust and Tong/McCarron parcels are located on Seacoast Drive in Imperial Beach (Thomas Brothers Map reference 1349 E-1). The property owners have agreed to sell the parcels to the County for the appraised values of $85,000 (Weiser) and $120,000 (Tong/McCarron). Following completion of the acquisitions, the County expects to deed these two parcels to the United States Fish and Wildlife Service for inclusion in the Tijuana Slough National Wildlife Refuge.
The Board is requested to approve the contracts for the purchase of the three parcels. Funding for the acquisitions is provided by previously budgeted Coastal Conservancy Grand funds available in KA9730 - Tijuana River Valley Acquisitions. There is no cost to the General Fund resulting from the requested action.

FISCAL IMPACT:

Funds for the purchase of the three parcels are budgeted in Capital Project KA9730 – Tijuana River Valley Acquisitions. The funding source is previously budgeted Coastal Conservancy Grant funds. If approved, today’s request will result in a current year cost of $570,000, and will require no additional staff years. There will be no cost to the General Fund resulting from this action.
RECOMMENDATION:
CHIEF ADMINISTRATIVE OFFICER
1.  Find, in accordance with Section 15325 of the California Environmental Quality Act (CEQA) Guidelines, that the proposed acquisition is exempt from CEQA, as it involves the acquisition of land to preserve the existing natural conditions, including plant and animal habitats.
2.  Approve the Real Property Contracts for Assessor's Parcel Numbers 662-020-09 (Horwin Trust), 632-030-14 (Weiser Trust) and 632-040-15 (Tong/McCarron) and authorize the Clerk of the Board to execute two copies of each contract.
3.  Direct the Director, Department of General Services, or assignee, to execute all escrow and related documents necessary to complete the purchases of the three properties.
4.  Authorize the Director, Department of General Services, with concurrence from the Director, Department of Parks and Recreation, to deed ownership of the parcels as follows: Assessor's Parcel Number 662-020-09 (Horwin Trust) to the California Department of Parks and Recreation, and Assessor's Parcel Numbers 632-030-14 (Weiser Trust) and 632-040-15 (Tong/McCarron) to the United States Fish and Wildlife Service.

ACTION:

ON MOTION of Supervisor Jacob, seconded by Supervisor Slater, the Board of Supervisors closed the Hearing and took action as recommended, on Consent.
AYES: Cox, Jacob, Slater, Roberts, Horn
5. / SUBJECT: / NEW PROGRAM TO INCREASE CONSUMER AWARENESS ABOUT SCANNER ACCURACY (DISTRICT: ALL)

OVERVIEW: