STATEMENT OF PROCEEDINGS

COUNTY OF SAN DIEGO BOARD OF SUPERVISORS

REGULAR MEETING - PLANNING AND LAND USE MATTERS

WEDNESDAY, SEPTEMBER 29, 2010

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 Pam Slater-Price, Chairwoman; Bill Horn, Vice Chairman; Greg Cox; Dianne Jacob; also David Hall, Assistant Clerk of the Board.

ABSENT: Supervisor Roberts

Board of Supervisors’ Agenda Items

1. / NOTICED PUBLIC HEARING:
MOUNT MIGUEL COVENANT VILLAGE MAJOR USE PERMIT MODIFICATION 3301 76-085-16 (P 76-085W5) AND ZONE RECLASSIFICATION 3600 07-012 (REZ 07-012), SPRING VALLEY COMMUNITY PLANNING AREA
2. / NOTICED PUBLIC HEARING:
WITHDRAWAL OF A MAJOR USE PERMIT MODIFICATION FOR THE SALVATION ARMY RETREAT CENTER, 3301 70-379W² (MUP), 3910 98-14-023 (ER); RAMONA COMMUNITY PLANNING AREA
3. / TRANSPORTATION IMPACT FEE ANNUAL REPORT – 2009/2010
4. / ADOPT RESOLUTIONS TO APPLY FOR ACCEPT GRANT FUNDS FROM HABITAT CONSERVATION FUND & RECREATIONAL TRAILS PROGRAM & AUTHORIZATION TO ADVERTISE & AWARD CONSTRUCTION CONTRACTS
(4 VOTES)
5. / FEASIBILITY STUDY REGARDING POTENTIAL VEHICLE USE RESTRICTIONS ON THE SOUTHERN SECTION OF PROCTOR VALLEY ROAD IN BONITA/SUNNYSIDE
6. / EXTENSION OF TIME TO COMPLETE IMPROVEMENTS FOR COUNTY OF SAN dIEGO TRACT NO. 5087-1 (FINAL mAP 15428), Located in VALLEY CENTER COMMUNITY PLAN AREA
7. / ADOPT A RESOLUTION TO SUMMARILY TERMINATE AND ABANDON AN IRREVOCABLE OFFER TO DEDICATE REAL PROPERTY FOR HIGHWAY PURPOSES IN THE TIERRA DEL SOL AREA (VACATION NO. 2010-0129)
8. / CACTUS PARK BURN DUMP CAPPING PROJECT IN LAKESIDE – REAL PROPERTY CONTRACT WITH HELIX WATER DISTRICT
9. / ADVERTISE AND AWARD CONTRACT FOR CONSTRUCTION OF JAMACHA BOULEVARD PHASE II ROAD IMPROVEMENTS, USE OF UTILITY UNDERGROUNDING AGREEMENTS, AND CHANGE ORDERS FOR JAMACHA BOULEVARD PHASE I ROAD IMPROVEMENTS, IN SPRING VALLEY
[FUNDING SOURCE(S):Gas Tax]
(4 VOTES)
10. / APPROVE REVENUE CONTRACTS WITH THE STATE OF CALIFORNIA, DEPARTMENT OF FOOD AND AGRICULTURE
[FUNDING SOURCE(S): California Department of Food and Agriculture]
(4 VOTES)
11. / ADMINISTRATIVE ITEM:
SECOND CONSIDERATION AND ADOPTION OF ORDINANCES: TRAFFIC ADVISORY COMMITTEE RECOMMENDATIONS (09/15/2010 - Adopt Recommendations; 09/29/2010 - Second Reading of Ordinances)
12. / CLOSED SESSION
(CARRYOVER FROM 9/28/10, AGENDA NO. 22)
13. / PUBLIC COMMUNICATION

20

9/29/10

1. / SUBJECT: / NOTICED PUBLIC HEARING:
MOUNT MIGUEL COVENANT VILLAGE MAJOR USE PERMIT MODIFICATION 3301 76-085-16 (P 76-085W5) AND ZONE RECLASSIFICATION 3600 07-012 (REZ 07-012), SPRING VALLEY COMMUNITY PLANNING AREA (DISTRICT: 2)
OVERVIEW:
The project is a Zone Reclassification and Major Use Permit Modification that would allow the reconfiguration and expansion of an existing, continuing care retirement community called Mount Miguel Covenant Village. The proposed Zone Reclassification would change the current, mixed zoning on the 26.5 acre site from RR2 (Rural Residential), RS-7 (Residential), and A70 (Limited Agriculture) to one zone: Residential Urban 14.5 (RU 14.5). In addition, the Zone Reclassification would change the story limit from 2 to 3 stories and the building type from single family to multi-family residential, which accommodates the density allowed by the RU 14.5 zone.
The Major Use Permit modification would allow the construction of a new Village Center and 54 additional residential units, for a total of 329 units. The project site is located in the Spring Valley Community Planning area, within unincorporated San Diego County, and is currently accessed by Kempton Street, San Carlos Street and Sacramento Avenue. (Thomas Guide: Page 1291, B4)
FISCAL IMPACT:
N/A
BUSINESS IMPACT STATEMENT:
N/A
RECOMMENDATION:
PLANNING COMMISSION
The Planning Commission recommends that the Board of Supervisors take the following actions:
1.  Adopt the Environmental Findings in Attachment D;
2.  Adopt the Ordinance titled: AN ORDINANCE CHANGING THE ZONING CLASSIFICATION OF CERTAIN PROPERTY IN THE SPRING VALLEY COMMUNITY PLANNING AREA REF: 3600 07-012 (REZ 07-012) (Attachment B); and
3.  Grant Major Use Permit Modification 3301 76-085-16 (P 76-085W5) and impose the requirements and conditions set forth in the Major Use Permit Modification (Attachment B).
DEPARTMENT OF PLANNING AND LAND USE
The Department concurs with the Planning Commission recommendation.
ACTION:
ON MOTION of Supervisor Jacob, seconded by Supervisor Cox, the Board closed the Hearing and took action as recommended, on Consent, adopting Ordinance No. 10081 (N.S.), entitled: AN ORDINANCE CHANGING THE ZONING CLASSIFICATION OF CERTAIN PROPERTY IN THE SPRING VALLEY COMMUNITY PLANNING AREA REF: 3600 07-012 (REZ).
AYES: Cox, Jacob, Slater-Price, Horn
ABSENT: Roberts
2. / SUBJECT: / NOTICED PUBLIC HEARING:
WITHDRAWAL OF A MAJOR USE PERMIT MODIFICATION FOR THE SALVATION ARMY RETREAT CENTER, 3301 70-379W² (MUP), 3910 98-14-023 (ER); RAMONA COMMUNITY PLANNING AREA (DISTRICT: 2)
OVERVIEW:
The proposed action is an applicant-initiated withdrawal of the Salvation Army Retreat Center project. The project site is located at 14488 Mussey Grade Road in the Ramona Community Planning Area in the unincorporated San Diego County (Thomas Guide: Page 1171, J6). This project is a Major Use Permit Modification to expand an existing campground/retreat on a 578-acre property. The expansion would be planned over the next 20 years on a 184-acre area in the central and eastern portion of the property. The proposed new facilities include a cabin camp, a nature/educational camp, staff housing, maintenance facilities, administrative support facilities, a retreat center, recreation areas, trails, open space, parking and improved utilities.
On March 19, 2010, the Planning Commission approved the project. Two neighboring property owner groups (Mussey Grade Road Alliance and the McGuire Trust) appealed this decision to the Board of Supervisors. On August 5, 2010, the Salvation Army submitted a letter officially withdrawing the application for the project and requesting the County to stop processing the permit application.
FISCAL IMPACT:
N/A
BUSINESS IMPACT STATEMENT:
N/A
RECOMMENDATION:
PLANNING COMMISSION
N/A
DEPARTMENT OF PLANNING AND LAND USE
That the Board of Supervisors:
1.  Deny Major Use Permit Modification P70-379W².
2.  Vacate the Planning Commission’s certification of the Final Environmental Impact Report (EIR) for the project.
3.  Vacate the environmental findings adopted by the Planning Commission (Findings Regarding Significant Effects and Decision and Explanation Regarding Recirculation of Draft and Revised Draft EIR) for the project.
4.  Direct staff to rescind the Notice of Determination that was filed after the Planning Commission’s action.
ACTION:
ON MOTION of Supervisor Jacob, seconded by Supervisor Cox, the Board closed the Hearing and took action as recommended, on Consent.
AYES: Cox, Jacob, Slater-Price, Horn
ABSENT: Roberts
3. / SUBJECT: / TRANSPORTATION IMPACT FEE ANNUAL REPORT 2009/2010 (DISTRICTS: ALL)
OVERVIEW:
In 2005, the Board of Supervisors adopted the Transportation Impact Fee (TIF) ordinance for the unincorporated area of San Diego County. The purpose of this fee program was to comply with a change in state law and to provide funding for the construction of transportation facilities that are needed to support the increase in traffic generated by new development. The Board adopted an update to the TIF program in 2008.
The TIF annual report for 2009/2010 has not been completed. Therefore, the intent of this board letter is to receive the 2009/2010 annual report at a future Board hearing so that a presentation and discussion can take place in regard to the overall status of the TIF program.
FISCAL IMPACT:
N/A
BUSINESS IMPACT STATEMENT:
N/A
RECOMMENDATION:
VICE-CHAIRMAN HORN AND SUPERVISOR JACOB
Direct the Chief Administrative Officer (CAO) to return back to the Board within 60 days with the 2009/2010 annual report for the TIF program. The report should include, but not be limited to the following: the amount collected since the inception of the TIF program; where those funds have been spent; the current status of any remaining funds; an overview of the opt out provision within the program and any recommendations to further improve the TIF program.
ACTION:
ON MOTION of Supervisor Horn, seconded by Supervisor Jacob, the Board took the following actions:
·  Directed the Chief Administrative Officer (CAO) to return back to the Board within 90 days with the 2009/2010 annual report for the TIF program. The report should include, but not be limited to the following: the amount collected since the inception of the TIF program; where those funds have been spent; the current status of any remaining funds; an overview of the opt out provision within the program and any recommendations to further improve the TIF program.
·  Directed the Chief Administrative Officer to work with Valley Center Shopping Center staff to determine the appropriate method for creating viable opt out options for this project and for all projects.
AYES: Cox, Jacob, Slater-Price, Horn
ABSENT: Roberts
4. / SUBJECT: / ADOPT RESOLUTIONS TO APPLY FOR ACCEPT GRANT FUNDS FROM HABITAT CONSERVATION FUND & RECREATIONAL TRAILS PROGRAM & AUTHORIZATION TO ADVERTISE & AWARD CONSTRUCTION CONTRACTS (DISTRICTS: 1,2,5)
OVERVIEW:
The Habitat Conservation Fund and Recreational Trails Program provide grant funds to State and local governments for habitat conservation, acquisition and development of public outdoor recreation areas and facilities. As part of the grant application process, a project specific resolution from the governing body must be included in the grant application.
This is a request to adopt resolutions authorizing the Department of Parks and Recreation to apply for and accept up to $475,000 of Habitat Conservation Fund grant funds, and up to $746,000 of Recreational Trails Program grant funds for programs, land acquisitions, and trails construction projects. The proposed Habitat Conservation Fund grant funds will be used to fund Outdoor Adventure Programs at San Pasqual Academy (Thomas Guide page 1131, G-7), and land acquisitions east of Pine Valley Park (Thomas Guide page 1237, B-6) and north of Sycamore Canyon Preserve (Thomas Guide page 1191, C-6). The proposed Recreational Trails Program grant funds will be used to fund trails construction projects in the Tijuana River Valley Regional Park (Thomas Guide page 1330, G-6) and the Sweetwater Regional Park (Thomas Guide Page 1310, Grid E-4, 5 F-3). In addition, this request will authorize the Director of the Department of Purchasing and Contracting to advertise and award construction contracts for the abovementioned projects if funding is awarded.
FISCAL IMPACT:
If authorized, the Department of Parks and Recreation (DPR) will submit grant applications to the Habitat Conservation Fund (HCF) totaling up to $475,000 in grant funds for the Outdoor Adventure Program at San Pasqual Academy and land acquisitions in Pine Valley and north of Sycamore Canyon Preserve. Funds for these grant requests are not budgeted in the DPR Fiscal Year 2010-11 Operational Plan and the Fiscal Year 2010-11 Capital Outlay Fund for Capital Project 1000012 – MSCP Acquisitions. The HCF grant is competitive; therefore, it is unknown if grant funding will be awarded or what the amount of the awards will be. If the grants are awarded for the total amount requested, DPR will receive: 1) up to $75,000 within a five year performance period for the Outdoor Adventures Programs at San Pasqual Academy, and 2) up to $400,000 within a five year performance period for land acquisitions east of Pine Valley ($200,000) and north of Sycamore Canyon Preserve ($200,000). The HCF grant program includes a dollar-for-dollar funding match requirement. If awarded, matching funds for the Outdoor Adventures Programs will be provided by in-kind services in the form of currently budgeted staff time in DPR and Outdoor Adventure Program collaborators (Health and Human Services Agency (HHSA) and New Alternatives, Inc.) and other incidental expenses, including transportation costs. Matching funds for the Pine Valley and Sycamore Canyon Preserve acquisitions will be provided by existing funds in Capital Project 1000012, MSCP Acquisitions. No additional staff years will be required as a result of this request.
In addition, if authorized, DPR will submit grant funds applications to the Recreational Trails Program (RTP) totaling $746,000 for two trails construction projects in the Sweetwater Regional Park ($396,000) and the Tijuana River Valley Park ($350,000). Funds for these grant requests are not budgeted in the Fiscal Year 2010-11 Capital Outlay Fund for Capital Project 1014134, Tijuana River Valley Trail Construction and Capital Project Sweetwater Phase III Trail. The RTP requires a 12% funding match requirement ($89,520). If awarded, funds match for the trails construction projects will be provided by existing funds in Capital Project 1014134, Tijuana River Valley Trail Construction and Capital Project Sweetwater Phase III Trail. No additional staff years and no net change in the General Fund will be required as a result of this request.
BUSINESS IMPACT STATEMENT:
N/A
RECOMMENDATION:
CHIEF ADMINISTRATIVE OFFICER
4.  Find that the proposed Outdoor Adventure Program at San Pasqual Academy is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15322 because the Outdoor Adventure Program is an educational program.
5.  Find, in accordance with Section 15325 of the CEQA Guidelines, that the proposed land acquisition east of Pine Valley Park and north of Sycamore Canyon Preserve is categorically exempt from the provisions of the CEQA guidelines, as it involves the transfer of ownership of land to preserve open space.
6.  Find, on the basis of the whole record, that there is no substantial evidence that the Sweetwater Phase III Trail Project will have a significant effect on the environment. Consider the Mitigated Negative Declaration dated June 17, 2009 by the Director of Public Works on file in the Department of Public Works together with the comments received during public review, and adopt it, finding that it reflects the independent judgment and analysis of the Board of Supervisors.
7.  Find that the Environmental Impact Report (EIR) dated December 2006, for the Tijuana River Valley Regional Park Trails Construction Project on file with the Department of Public Works, State Clearing House Number 2004091159, was completed in compliance with the CEQA and the CEQA Guidelines and that the decision-making body reviewed and considered the information contained therein before approving the project and,
Find that per CEQA Guidelines Section 15162 there are no substantial changes in the project or in the circumstances under which the project is undertaken which involve significant new environmental impacts which were not considered in the previously certified EIR, or a substantial increase in the severity of previously identified significant effects, and that no new information of substantial importance has become available since the EIR was certified.
8.  Adopt the resolution entitled Resolution of the County of San Diego Board of Supervisors Approving the Application for and Acceptance of Grant Funds from the Habitat Conservation Fund Program for the Outdoor Adventures Program - San Pasqual Academy Project.