STATEMENT OF PROCEEDINGS

COUNTY OF SAN DIEGO BOARD OF SUPERVISORS

REGULAR MEETING - PLANNING AND LAND USE MATTERS

WEDNESDAY, DECEMBER 09, 2009

Board Of Supervisors North Chamber

1600 Pacific Highway, Room 310, San Diego, California

MORNING SESSION: Meeting was called to order at 9:02 a.m.

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

ABSENT: Supervisor Ron Roberts

Approval of Statement of Board of Supervisor’s Proceedings/Minutes for the Meeting November 4, 2009.

ACTION:

ON MOTION of Supervisor Slater-Price, seconded by Supervisor Cox, the Board of Supervisors approved the Statement of Proceeding/Minutes for the meetings of November 4, 2009.

AYES: Cox, Jacob, Slater-Price, Horn

ABSENT: Roberts

Public Communication: [No Speakers]

Board of Supervisors’ Agenda Items

1. / NOTICED PUBLIC HEARING:
OTAY RANCH OPEN SPACE VACATION; VAC 09-003 (11/4/09- Set Hearing; 12/9/09- Hold Hearing)
2. / NOTICED PUBLIC HEARING:
ORDINANCES AMENDING THE ZONING ORDINANCE, THE SAN DIEGO COUNTY CODE AND THE SAN DIEGO COUNTY ADMINISTRATIVE CODE RELATING TO WATER CONSERVATION IN LANDSCAPING; POD 08-016
3. / NOTICED PUBLIC HEARING:
MERRIAM MOUNTAINS MASTER PLANNED COMMUNITY; GPA 04-006 / SP 04-006 / R 04-013 / VTM 5381RPL4 / STP 04-035 / ER 04-08-028; NORTH COUNTY METROPOLITAN SUBREGIONAL and BONSALL COMMUNITY PLANNING AREAS
4. / ADVERTISE AND AWARD CONTRACT FOR CONSTRUCTION OF JAMACHA BOULEVARD PHASE 1 ROAD IMPROVEMENTS IN SPRING VALLEY
(4 VOTES)
(RELATES TO SANITATION DISTRICT, AGENDA NO. 1)
5. / AUTHORIZE COUNTY AGRICULTURAL COMMISSIONER TO EXECUTE MEMORANDUM OF UNDERSTANDING WITH THE CALIFORNIA DEPARTMENT OF PESTICIDE REGULATION REGARDING STRUCTURAL FUMIGATION ENFORCEMENT PROGRAM
[FUNDING SOURCE(S): FUMIGATION FEES, MILL TAX AND UNCLAIMED GAS TAX, AND THE REMAINING IS COVERED BY GENERAL PURPOSE REVENUE]
6. / ACCEPT LANDSCAPE MAINTENANCE DISTRICT ZONE NO. 2 – JULIAN (JESS MARTIN PARK) ADVISORY COMMITTEE BYLAWS
7. / ACCEPTANCE OF A DONATION FROM THE BOYS AND GIRLS CLUB OF RAMONA
[FUNDING SOURCE(S): TRANSFERS FROM CAPITAL PROJECT 1000312, RAMONA COLLIER PARK FACILITY DESIGN AND A DONATION FROM THE BOYS AND GIRLS CLUB OF RAMONA, INC]
(4 VOTES)
8. / SET HEARING FOR 01/13/10:
SET A HEARING TO PURCHASE AN OPEN SPACE EASEMENT OVER APPROXIMATELY 33 ACRES OF LAND IN LAKESIDE (ENDANGERED HABITATS CONSERVANCY)
9. / SET HEARING FOR 01/13/10:
Rancho San Diego Sheriff Station Open Space Vacation VAC 09-002 (12/9/09 – Set Hearing; 01/13/10 - Hold Hearing)
10. / ADOPT A RESOLUTION TO SUMMARILY VACATE A PORTION OF LAKESIDE AVENUE AND ADOPT A RESOLUTION TO VACATE A RESERVED UTILITY EASEMENT IN THE LAKESIDE AREA (VACATION NOS. 2009-0017-A & B)
11. / AUTHORIZATION TO ACCEPT 2009-10 CALTRANS COMMUNITY- BASED TRANSPORTATION PLANNING GRANT FOR VALLEY CENTER COMMUNITY RIGHT-OF-WAY DEVELOPMENT STANDARDS
[FUNDING SOURCE(S): UNANTICIPATED REVENUE FROM CALTRANS COMMUNITY GRANT PROGRAM]
(4 VOTES)
12. / TRAFFIC ADVISORY COMMITTEE RECOMMENDATIONS
13. / County of San Diego Tract NO. 5304-1: Approval of Final Map Located in EAST otay MESA
14. / CLOSED SESSION
(CARRYOVER FROM 12/08/09, AGENDA NO. 43)

12/09/09 6

1. / SUBJECT: / NOTICED PUBLIC HEARING:
OTAY RANCH OPEN SPACE VACATION; VAC 09-003 (11/4/09- Set Hearing; 12/9/09- Hold Hearing) (DISTRICT: 1)
OVERVIEW:
This is a request by the applicant to vacate an open space easement and irrevocable offer of dedication totaling 1,079 acres. In 2001, the open space easement was dedicated and the irrevocable offer of dedication acknowledged by the County of San Diego and City of Chula Vista. The open space easement and irrevocable offer of dedication were recorded in relation with the Otay Ranch Subregional Plan and the Otay Ranch Phase 2 Resource Management Plan.
In order to vacate the open space easement and irrevocable offer of dedication, both the County of San Diego and the City of Chula Vista must approve the vacation request. If the vacation is approved, the land will remain designated as open space as shown in the Otay Ranch Phase 2 Resource Management Plan. The land will also remain designated as hardline preserve in the South County Multiple Species Conservation Program Subarea Plan, however the easement and irrevocable offer of dedication will no longer exist.
The proposed vacation requires the dedication of substitution land of equal value and acreage so there will be no net loss of open space. The proposed substitution of open space land will be granted to the County of San Diego and City of Chula Vista. The easement and irrevocable offer of dedication are located off Otay Lakes Road, east of SR-125 in the unincorporated Otay Community Planning area. (Thomas Guide Page 1293, B-G/4-5).
FISCAL IMPACT:
N/A
BUSINESS IMPACT STATEMENT:
N/A
RECOMMENDATION:
DEPARTMENT OF PLANNING AND LAND USE
On December 9, 2009 at the close of the public hearing:
1.  Adopt the Resolution entitled: Resolution of Vacation of Street, Highway or Public Service Easement (VAC 09-003), which includes the findings and determinations required by law. (Attachment C)
2.  Direct the Department of General Services to accept the Grant Deed for the open space substitution parcels when all conditions set forth in the Vacation (VAC 09-003) Resolution have been met upon approval by the Directors of the Departments of Parks and Recreation and Planning and Land Use. (Attachment E)
3.  Direct the Clerk of the Board of Supervisors to record the Resolution of Vacation when all required conditions listed in the Resolution have been satisfied.
ACTION:
ON MOTION of Supervisor Cox, seconded by Supervisor Horn, the Board closed the Hearing and took action as recommended, on Consent, adopting Resolution No. 09-247, entitled: (CONDITIONAL VACATION) RESOLUTION OF VACATION STREET, HIGHWAY, OR PUBLIC SERVICE EASEMENT (VAC 09-003).
AYES: Cox, Jacob, Slater-Price, Horn
ABSENT: Roberts
2. / SUBJECT: / NOTICED PUBLIC HEARING:
ORDINANCES AMENDING THE ZONING ORDINANCE, THE SAN DIEGO COUNTY CODE AND THE SAN DIEGO COUNTY ADMINISTRATIVE CODE RELATING TO WATER CONSERVATION IN LANDSCAPING; POD 08-016 (DISTRICTS: ALL)
OVERVIEW:
The State of California recently amended its Water Conservation in Landscaping Act to require that local agencies adopt a water efficient landscape ordinance that is as effective as the State model ordinance in conserving water. If a local entity fails to adopt regulations by the deadline, it will be forced to adopt or have imposed on it the State model ordinance.
On October 15, 2008 (4), Board of Supervisors directed staff to strengthen County landscape regulations that would result in more efficient use of water for landscaping. This action proposes ordinance amendments to comply with the State requirements and Board direction.
The new ordinance will assist in conserving more water by now requiring new single family residential projects to establish and adhere to water budgets, use of recycled water as well applying greater County oversight in the preparation of landscape plans and water budgets. The regulations apply to new single-family construction within the County Water Authority or the Borrego Water District and to new commercial, industrial, civic and multifamily construction with landscapes of 1,000 square feet or more. A new Water Conservation in Landscaping Design Manual will provide guidance for compliance with the regulations and also provide information on the use of water-wise and fire-wise plant materials.
FISCAL IMPACT:
The fees for commercial, industrial, civic, multifamily and residential common areas of landscaping will not increase. A new fee for landscape plan review in association with a single family dwelling will now be required. For single-family residences with less than 5,000 square feet, they will only need to complete a brief application packet, including a review fee of $50. An amendment to the Administrative Code is proposed as part of this action to implement the $50 fee. Collection of this fee is expected to result in revenue of $17,000 for Fiscal Year 09/10 and revenue of $19,000 for Fiscal Year 10/11.
BUSINESS IMPACT STATEMENT:
N/A
RECOMMENDATION:
CHIEF ADMINISTRATIVE OFFICER
On December 9, 2009:
1.  Find that the proposed Water Conservation in Landscaping Ordinance complies with the California Environmental Quality Act (CEQA) and State and County CEQA Guidelines because the amendments can be found exempt from CEQA per Section 15307 of the CEQA Guidelines (Attachment G);
2.  Find the proposed Fee Ordinance amendment is exempt from the California Environmental Quality Act as specified under Section 15273 of the State of California Environmental Quality Act Guidelines. Approve the findings in Attachment G pursuant to the California Environmental Quality Act Guidelines Section 15273(c);
3.  Approve the introduction of the proposed San Diego County Code amendment (first reading), read title and waive further reading of the following ordinance (Attachment A):
AN ORDINANCE AMENDING THE SAN DIEGO COUNTY CODE TO ADD TITLE 8, DIVISION 6, CHAPTER 7, ADOPTING REGULATIONS RELATING TO WATER CONSERVATION IN LANDSCAPING; and
4.  Approve the introduction of the proposed Administrative Code amendment (first reading), read title and waive further reading of the following ordinance (Attachment E).
AN ORDINANCE AMENDING THE SAN DIEGO COUNTY ADMINISTRATIVE CODE TO ADD A PERMIT FEE RELATING TO WATER CONSERVATION IN LANDSCAPING
If, on December 9, 2009, the Board takes the actions recommended in Items 1-4, then, on January 13, 2010:
1.  Adopt the attached Form of Ordinance (Attachment B);
AN ORDINANCE AMENDING THE SAN DIEGO COUNTY ZONING ORDINANCE RELATING TO WATER EFFICIENT LANDSCAPES; and
2.  Submit the Ordinances (Attachments A and E) for further Board of Supervisors consideration and adoption (second reading).
AN ORDINANCE AMENDING THE SAN DIEGO COUNTY CODE TO ADD TITLE 8, DIVISION 6, CHAPTER 7, ADOPTING REGULATIONS RELATING TO WATER CONSERVATION IN LANDSCAPING; and
AN ORDINANCE AMENDING THE SAN DIEGO COUNTY ADMINISTRATIVE CODE TO ADD A PERMIT FEE RELATING TO WATER CONSERVATION IN LANDSCAPING
PLANNING COMMISSION
On October 23, 2009, the Planning Commission voted 7-0 on consent to recommend approval of the amendments to the Regulatory Code and Zoning Ordinance.
ACTION:
Correcting Ordinance Section 86.709(b)(6) to read: “the design operating pressure in pounds per square inch for each station,” and Ordinance Section 86.729, the second sentence to read: “after the appeal is filed;” ON MOTION of Supervisor Slater-Price, seconded by Supervisor Horn, the Board closed the Hearing and took action as recommended, introducing Ordinances for further Board consideration and adoption on January 13, 2010.
AYES: Cox, Jacob, Slater-Price, Horn
ABSENT: Roberts
3. / SUBJECT: / NOTICED PUBLIC HEARING:
MERRIAM MOUNTAINS MASTER PLANNED COMMUNITY; GPA 04-006 / SP 04-006 / R 04-013 / VTM 5381RPL4 / STP 04-035 / ER 04-08-028; NORTH COUNTY METROPOLITAN SUBREGIONAL and BONSALL COMMUNITY PLANNING AREAS (DISTRICT: 5)
OVERVIEW:
The Merriam Mountains project is a master planned community on 2,327 acres of land consisting of up to 2,630 residences, a maximum of 110,000 square feet of neighborhood commercial uses, a fire station, passive and active recreational facilities, and a 1,192 acre biological preserve. Physical improvements to Deer Springs Road, Twin Oaks Valley Road, I-15 north and south bound ramps at Deer Springs Road, and various other intersection improvements would be completed throughout the community as a part of project implementation.
Applications to be considered include a General Plan Amendment, Specific Plan, Zone Reclassification, Vesting Tentative Map, and Site Plan. Other actions requested by the applicant include an amendment to the San Diego County Resource Protection Ordinance and the adoption of a Statement of Reasons to extinguish access to mineral resources of statewide significance.
The project site is located northwest of the I-15/Deer Springs Road interchange and within the North County Metropolitan Subregional and Bonsall Community Planning areas. Thomas Guide Pages 1089/A1-7, 1089/B4-6, 1089/C5-7, 1088/F3-4, 1088/G2-3, 1088/H2-4, and 1088/J1-5.
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 for this project (Attachment C).
2.  Adopt the Statement of Reasons to permit the proposed use and extinguish access to mineral resources of statewide significance as required by Sections 2762 and 2763 of the California Surface Mining and Reclamation Act. (Attachment D)
3.  Adopt the attached Form of Ordinance (Attachment E):
AN ORDINANCE AMENDING THE RESOURCE PROTECTION ORDINANCE, TO ADD AN EXEMPTION FOR MERRIAM MOUNTAINS SPECIFIC PLAN.
4.  Adopt the Resolution of Approval of General Plan Amendment GPA 04-006. (Attachment F)
5.  Adopt the Resolution of Approval of Specific Plan SP04-006, which includes the required findings and the requirements and conditions of approval necessary to ensure that the project is implemented in a manner consistent with State Law. (Attachment G)
6.  Adopt the attached Form of zoning reclassification (Attachment H):
AN ORDINANCE CHANGING THE ZONING CLASSIFICATION OF CERTAIN PROPERTY IN THE NORTH COUNTY METROPOLITAN SUBREGIONAL AND BONSALL COMMUNITY PLANNING AREAS; REF. R04-013.
7.  Adopt the Resolution of Approval of Vesting Tentative Map 5381RPL4, which includes the required findings and the requirements and conditions of approval necessary to ensure that the project is implemented in manner consistent with State Law and the San Diego County Subdivision Ordinance. (Attachment I)
8.  Approve the Site Plan S04-035, which includes the required findings and the requirements and conditions of approval necessary to ensure that the project is implemented in a manner consistent with State Law and the San Diego County Zoning Ordinance. (Attachment J)
DEPARTMENT OF PLANNING AND LAND USE
The Department of Planning and Land Use concurs with the recommendations of the Planning Commission, with the minor revisions as provided in the Eratta Sheets (Attachment L), and also recommends that the Board of Supervisors require the applicant to enter in to an agreement to defend and indemnify the County in accordance with San Diego County Code Section 86.201, and authorize the Director of Planning and Land Use to sign the agreement on behalf of the Board. If litigation is filed challenging the Board's action on this project, the agreement shall require the applicant to provide security in the amount of $750,000 in the form of a bond or irrevocable letter of credit in a form acceptable to County Counsel.
ACTION:
3.1 / A MOTION was placed on the floor by Supervisor Horn, seconded by Supervisor Cox, to take action as recommended.
AYES: Cox, Horn
NOES: Jacob, Slater-Price
ABSENT: Roberts
(This motion failed for lack of majority vote).
ACTION:
3.2 / A MOTION was placed on the floor by Supervisor Horn, seconded by Supervisor Cox, to continue this item to January 13, 2010.
AYES: Cox, Horn