STATEMENT OF PROCEEDINGS

COUNTY OF SAN DIEGO BOARD OF SUPERVISORS

REGULAR MEETING - PLANNING AND LAND USE MATTERS

WEDNESDAY, FEBRUARY 2, 2005, 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 Pam Slater-Price, Chairwoman; Bill Horn, Vice-Chairman; Greg Cox; Dianne Jacob; Ron Roberts; also Thomas J. Pastuszka, Clerk

Approval of Statements of Proceeding/Minutes for the meetings of January 5, 2005 and January 12, 2005

ACTION:

ON MOTION of Supervisor Cox, seconded by Supervisor Roberts, the Board of Supervisors approved the Proceedings/Minutes for the Meetings of January 5, 2005 and January 12, 2005

AYES: Cox, Jacob, Slater-Price, Roberts

ABSENT: Horn

Public Communication – [No Speakers]

Board of Supervisors’ Agenda Items

1. / NOTICED PUBLIC HEARING:
RAMONA GRASSLANDS – ACQUISITION OF 390.37 ACRES FOR OPEN SPACE
2. / NOTICED PUBLIC HEARING:
RAMONA AIRPORT MITIGATION – ACQUISITION OF PORTIONS OF ASSESSOR’S PARCEL NUMBERS 277-121-02 AND 13 (THE NATURE CONSERVANCY)
3. / NOTICED PUBLIC HEARING:
COUNTRY ESTATES: RECONSIDERATION OF TENTATIVE MAP 4700RPL3, MAJOR USE PERMIT P87-059, AND ASSOCIATED ENVIRONMENTAL IMPACT REPORT (EIR) (ER NO. 87-8-81) PURSUANT TO A PEREMPTORY WRIT OF MANDATE FROM THE SAN DIEGO COUNTY SUPERIOR COURT REGARDING THE ADEQUACY OF THE EIR, NORTH COUNTY METROPOLITAN SUBREGIONAL PLAN AREA
4. / NOTICED PUBLIC HEARING:
EAST OTAY MESA LANDSCAPING SPECIFIC PLAN AMENDMENT, SPA 04-002
5. / EMERGENCY REMEDIATION OF STORMWATER DAMAGED DRAINAGE CONVEYANCE SYSTEMS
(4 VOTES)
6. / SET HEARING FOR 3/2/05
OTAY MESA – SET A HEARING TO CONSIDER THE ACQUISITION OF THE LANZETTA/MONACO, GRINDLE, AND KIMBALL PARCELS FOR INCLUSION IN THE OTAY VALLEY REGIONAL PARK
[FUNDING SOURCE(S): COASTAL CONSERVANCY GRANT FUNDS]
7. / PROPERTY TAX EXCHANGE RESOLUTION: KINZELER/WASHINGTON STREET REORGANIZATION
8. / PROPERTY TAX EXCHANGE RESOLUTION: VISTA VENTURA INC. REORGANIZATION
9. / NEW APPOINTMENT AND REAPPOINTMENT TO THE COUNTY'S SCIENCE ADVISORY BOARD
10. / ADMINISTRATIVE ITEM:
County of San Diego Tract NO. 5328-1: Approval of Final Map and Secured AgreementS for Public and private Improvements Located in SAN DIEGUITO COMMUNITY Plan Area
11. / ADMINISTRATIVE ITEM:
County of San Diego Tract NO. 5197-1: Approval of Final Map and JOINT Secured Agreement for PUBLIC AND Private Improvements Located in LAKESIDE COMMUNITY PLAN AREA
12. / ADMINISTRATIVE ITEM:
County of San Diego Tract NO. 4711-1: Approval of Final Map and Secured Agreements for PUBLIC AND Private Improvements Located in CENTRAL MOUNTAIN SUBREGION
13. / ADMINISTRATIVE ITEM:
SECOND CONSIDERATION AND ADOPTION OF ORDINANCES: COUNTY TRAILS PROGRAM: COMMUNITY TRAILS MASTER PLAN
14. / CLOSED SESSION
(Carry Over from 2/1/05 (11))

2/2/05 6

1. / SUBJECT: / NOTICED PUBLIC HEARING:
RAMONA GRASSLANDS – ACQUISITION OF 390.37 ACRES FOR OPEN SPACE (DISTRICT: 2)

OVERVIEW:

On December 15, 2004 (10), the Board of Supervisors set Hearing for February 2, 2005, at 9:00 a.m.
On April 9, 2003 (11), the Board of Supervisors authorized the acceptance of a $1,500,000 grant awarded from the Nonpoint Source Pollution Control Program funded by the 2000 Water Bond Act (Proposition 13). The Board also established appropriations in the amount of $1,000,000 in Capital Project 1005263 for the Phase I acquisition of land in the Santa Maria Creek area and $500,000 in Capital Project 1005264 for the restoration of a portion of the Santa Maria Creek riparian corridor south of the Ramona Airport (Thomas Guide, Page 1152-A7, B7).
The Board is requested to take the actions necessary to purchase 390.37 acres of land in the Ramona area, identified as Assessor Parcel Numbers 271-121-02 (portion) and 13 (portion), 281-010-12 (portion) and 14, 282–010-01 (portion), and 02, 03, 04, 05, 06 and 35, from The Nature Conservancy for $413,585. If acquired, this property will become part of the draft Ramona Grasslands Preserve, which will form an important preserve area in the draft North County Multiple Species Conservation Program Subarea Plan.

FISCAL IMPACT:

Should the Board approve the purchase of the parcels for $413,585 on February 2, 2005, funds for the purchase will be provided by existing budgeted Proposition 13 (Water Bond Act) Nonpoint Source Pollution Control Program grant funds available in Capital Project 1005263 – Santa Maria Creek Acquisition. There will be a current year cost of $413,585, no annual cost and the proposal will require no additional staff years. Management of the acquired land will be funded with existing budgeted resources in the Department of Parks and Recreation.

RECOMMENDATION:

CHIEF ADMINISTRATIVE OFFICER
1.  Find, in accordance with Section 15325 of the California Environmental Quality Act (CEQA) Guidelines, that the purchase of Assessor Parcel Numbers 271-121-02 (portion) and 13 (portion), 281-010-12 (portion) and 14, 282–010-01 (portion), and 02, 03, 04, 05, 06 and 35 is categorically exempt from the provisions of the guidelines as it involves the transfer of ownership of land to preserve open space and natural habitat.
2.  Approve the real property contract for the purchase of Assessor Parcel Numbers 271-121-02 (portion) and 13 (portion), 281-010-12 (portion) and 14, 282–010-01 (portion), and 02, 03, 04, 05, 06 and 35, from the Nature Conservancy for $413,585 and direct the Clerk of the Board of Supervisors to execute two originals of the contract, upon receipt.
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 Roberts, seconded by Supervisor Horn, the Board of Supervisors closed the Hearing and took action as recommended, on Consent.
AYES: Cox, Jacob, Slater-Price, Roberts, Horn
2. / SUBJECT: / NOTICED PUBLIC HEARING:
RAMONA AIRPORT MITIGATION – ACQUISITION OF PORTIONS OF ASSESSOR’S PARCEL NUMBERS 277-121-02 AND 13 (THE NATURE CONSERVANCY) (DISTRICT: 2)

OVERVIEW:

On December 15, 2004 (11), the Board of Supervisors set Hearing for February 2, 2005, at 9:00 a.m.
Ramona Airport is home to 200 aircraft, and is the Air Attack Base for the California Department of Forestry and U.S. Forest Services. With more than 100,000 operations annually, it is the third busiest facility in the County's eight-airport system. County Airports are managed within the Department of Public Works.
The Ramona Airport Improvement Project was completed in December 2003. The $11 million dollar project included the construction of a new sewer line, runway extension, and an air traffic control tower. As a condition of approval from the U.S. Army Corps of Engineers, the California Department of Fish and Game, and the Regional Water Quality Control Board, the Department of Public Works is required to mitigate in the immediate area of the Ramona Airport for the project’s impacts to jurisdictional wetlands areas by creating and preserving wetlands. This mitigation requirement will be satisfied by the purchase of a 10.19-acre parcel from The Nature Conservancy and the implementation of a wetland creation plan on the parcel. The property is considered premium mitigation land as it contains wetland areas highly desirable for both creation and preservation. On May 7, 2003 (4), the Board approved the purchase of this parcel from its previous owner, the William J. Cagney Trust for $149,300. The transaction was never completed because The Nature Conservancy subsequently exercised an option to purchase the entire 420.76-acre Cagney property, which included the 10.19-acre mitigation parcel.
The Board is requested to take the actions necessary to purchase portions of Assessor’s Parcel Numbers 277-121-02 and 13 (Thomas Guide, Page 1171-J1) from The Nature Conservancy for the appraised value of $149,300.

FISCAL IMPACT:

Funds for this proposal are budgeted in the Airport Enterprise Fund. If approved this proposal will result in a current year cost of $149,300, no annual cost, 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 that the Final Environmental Impact Report/Environmental Assessment (EIR/EA) for the Ramona Airport Improvement Project, dated September 1998, SCH No. 98051020, on file in the Department of Public Works, has been completed in compliance with California Environmental Quality Act (CEQA) and State and County CEQA guidelines, that the decision-making body has reviewed and considered the information contained therein prior to approving the project and that the Environmental Impact Report reflects the independent judgment and analysis of the Board of Supervisors.
2.  Find that there are no changes in the project or in circumstances under which it is undertaken which involve significant new environmental impacts which were not considered in the previously certified Environmental Impact Report, dated September 1998, 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 Environmental Impact Report was prepared.
3.  Approve the real property contract for the purchase of Assessor’s Parcel Numbers 277-121-02 and 13 from the Nature Conservancy for the appraised value of $149,300 and direct the Clerk of the Board of Supervisors to execute two originals of the contract, upon receipt.
4.  Authorize the Director of the Department of General Services, or designee, to execute all escrow and related documents necessary to complete the purchase, including executing a conservation easement over the property.
ACTION:
ON MOTION of Supervisor Roberts, seconded by Supervisor Horn, the Board of Supervisors closed the Hearing and took action as recommended, on Consent.
AYES: Cox, Jacob, Slater-Price, Roberts, Horn
3. / SUBJECT: / NOTICED PUBLIC HEARING:
COUNTRY ESTATES: RECONSIDERATION OF TENTATIVE MAP 4700RPL3, MAJOR USE PERMIT P87-059, AND ASSOCIATED ENVIRONMENTAL IMPACT REPORT (EIR) (ER NO. 87-8-81) PURSUANT TO A PEREMPTORY WRIT OF MANDATE FROM THE SAN DIEGO COUNTY SUPERIOR COURT REGARDING THE ADEQUACY OF THE EIR, NORTH COUNTY METROPOLITAN SUBREGIONAL PLAN AREA (DISTRICT: 5)

OVERVIEW:

This project is a Planned Residential Development that proposes 55 residential lots to be developed over a total area of 77.91 acres. Over 40 percent of the project is proposed to be subject to permanent open space easements to preserve steep slopes and biological resources. The Board of Supervisors approved this project in 1999, and a suit was filed against the County of San Diego claiming that the Environmental Impact Report (EIR) for the project was inadequate. The Superior Court of San Diego found in favor of the plaintiff and required that, prior to reconsidering the project, a new environmental document be prepared to correct specified deficiencies and omissions. The County has completed the preparation of the required environmental documents in the form of another Final EIR. The project is now brought back to the Board for rescission of the original decision to approve the project and consideration of a new Resolution of Approval for the Tentative Map and a Major Use Permit Form of Decision that include conditions necessary to implement the revised mitigation measures as set forth in the new Final EIR. The project site is subject to the (2) Residential Land Use Designation (1 dwelling unit per acre) and the zoning includes the RR1 Use Regulations. The project site is located in the unincorporated area north and east of the City of Vista and north of Buena Creek Road and east of the easterly terminus of Deeb Drive.

FISCAL IMPACT:

N/A
RECOMMENDATION:
PLANNING COMMISSION:
Rescinding the original approval and consideration of the corrected documents remains under the jurisdiction of the Board of Supervisors. On November 20, 1998, the Planning Commission voted 4-0 to deny the project.
DEPARTMENT OF PLANNING AND LAND USE:
1.  Adopt the Resolution at Attachment B that:
  1. Rescinds certification of the EIR for TM 4700RPL3 and P87-059.
  2. Rescinds the action of February 17, 1999 (7), that granted the appeal of the applicant and approved TM4700RPL3 and P87-059.
2.  Adopt the Resolution, dated February2, 2005, approving TM 4700RPL3, 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 C)
3.  Grant Major Use Permit P87-059 (Form of Decision dated February2, 2005), 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. (Attachment D)
ACTION:
ON MOTION of Supervisor Horn, seconded by Supervisor Roberts, the Board of Supervisors, closed the Hearing, and took action as recommended, adopting the following Resolutions:
No. 05-09 entitled: RESOLUTION OF THE SAN DIEGO COUNTY BOARD OF SUPERVISORS RESCINDING APPROVAL OF TENTATIVE MAP NO. 4700RPL3 AND MAJOR USE PERMIT P87-059; and
No. 05-10 entitled: RESOLUTION OF SAN DIEGO COUNTY APPROVING CONDITIONS FOR TENTATIVE MAP NO. 4700RPL3 : including revised conditions C.2.a. and C.2.b. as shown in Exhibit 2.
AYES: Cox, Jacob, Slater-Price, Roberts, Horn
4. / SUBJECT: / NOTICED PUBLIC HEARING:
EAST OTAY MESA LANDSCAPING SPECIFIC PLAN AMENDMENT, SPA 04-002 (DISTRICT: 1)

OVERVIEW:

The project is a proposed amendment to Subarea 1 of the East Otay Mesa Specific Plan to revise the public landscaping requirements. The changes are intended to improve safety while maintaining the overall design theme for the public street landscape plan.

FISCAL IMPACT:

N/A
RECOMMENDATION:
PLANNING COMMISSION:
That the Board of Supervisors approve the Resolution approving Specific Plan Amendment (SPA) 04-002 (Attachment A).
DEPARTMENT OF PLANNING AND LAND USE:
Concurs with the Planning Commission.
ACTION:
ON MOTION of Supervisor Roberts, seconded by Supervisor Horn, the Board of Supervisors closed the Hearing and took action as recommended, on Consent, adopting Resolution No. 05-11 entitled: RESOLUTION OF THE SAN DIEGO COUNTY BOARD OF SUPERVISORS APPROVING SPECIFIC PLAN AMENDMENT SPA 04-002, EAST OTAY MESA.
AYES: Cox, Jacob, Slater-Price, Roberts, Horn
5. / SUBJECT: / EMERGENCY REMEDIATION OF STORMWATER DAMAGED DRAINAGE CONVEYANCE SYSTEMS (DISTRICT: ALL)

OVERVIEW:

Following the recent major storms, the Department of Public Works performed damage assessment of County roads along with private facilities within the areas impacted by Fire Storm 2003. The Department determined that emergency contracts were necessary to repair or replace existing facilities or perform other work as necessary where an imminent threat to public safety, life, health and property exists.
On January 6 and 20, 2005, the County Chief Administrative Officer, acting under authority of public exigency, authorized the Director, Department of Purchasing and Contracting to approve five sole-source construction contracts, each for an amount not to exceed $250,000. This is a request to ratify these contracts.

FISCAL IMPACT: