STATEMENT OF PROCEEDINGS
COUNTY OF SAN DIEGO BOARD OF SUPERVISORS
REGULAR MEETING - PLANNING AND LAND USE MATTERS
WEDNESDAY, NOVEMBER 7, 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 9:07 a.m.
PRESENT: Supervisors Ron Roberts, Chairman; Greg Cox, Vice Chairman; Dianne Jacob; and
Bill Horn; also Thomas J. Pastuszka, Clerk.
ABSENT: Supervisor Pam Slater-Price
Approval of Statement of Proceedings/Minutes for the Meetings of October 17, 2007 and
October 24, 2007.
ACTION:
ON MOTION of Supervisor Horn, seconded by Supervisor Cox, the Board of Supervisors approved the Statement of Proceedings/Minutes for the meetings of October 17, 2007 and October 24, 2007.
AYES: Cox, Jacob, Roberts, Horn
ABSENT: Slater-Price
Board of Supervisors’ Agenda Items
1. / THE TRANSPORTATION IMPACT FEE: IS IT FAIR OR IS THERE A BETTER WAY?(CARRYOVER ITEM FROM 10/24/07, AGENDA NO. 24)
2. / NOTICED PUBLIC HEARING:
TO VACATE RIGHT OF WAY ADJACENT TO HELIX STREET, SPRING VALLEY (VACATION NO. 2007-0116)
[FUNDING SOURCE(S): DEPARTMENT OF PUBLIC WORKS ROAD FUND]
3. / NOTICED PUBLIC HEARING:
4S RANCH SHERIFF SUBSTATION – SECOND AMENDMENT TO PUBLIC BENEFIT AGREEMENT FOR SHERIFF SUBSTATION ACCEPTANCE & ENHANCEMENTS; DA 07-001 SAN DIEGUITO COMMUNITY PLANNING AREA
[FUNDING SOURCE(S): GENERAL PURPOSE REVENUE]
4. / NOTICED PUBLIC HEARING:
OAK CREEK RECREATIONAL VEHICLE PARK EXPANSION; MAJOR USE PERMIT MODIFICATION P85-079W4; LAKESIDE COMMUNITY PLANNING AREA
5. / APPROVAL OF LEASE AND OPERATION AGREEMENT FOR COMMUNITY MULTIPURPOSE BUILDING AND RELATED RECREATIONAL FACILITIES AT 4S RANCH COMMUNITY PARK – BOYS AND GIRLS CLUB OF INLAND NORTH COUNTY
(4 VOTES)
6. / SET HEARING FOR 12/5/07:
PURCHASE OF AN OPEN SPACE EASEMENT OVER 180 ACRES OF VACANT LAND ON EAGLE PEAK ROAD IN JULIAN (THE SAN DIEGO RIVER PARK FOUNDATION, INC.)
7. / ADOPTION OF THE 2007 INTEGRATED REGIONAL WATER MANAGEMENT PLAN
8. / SOUTH SANTA FE AVENUE NORTH RECONSTRUCTION PROJECT, ACQUISITION OF RIGHT OF WAY PARCEL NUMBER 2004-0063-A, B & C (SCOTT)
[FUNDING SOURCE(S): FUNDING SOURCE IS SANDAG HIGHWAY TRANSNET, LOCAL TRANSNET, AND STATE ROUTE 78 CORRIDOR FUNDS]
9. / ADOPT A RESOLUTION ACCEPTING OFFERS OF DEDICATION FOR ROAD EASEMENTS – TYLER ROAD, VALLEY CENTER (PARCEL NO. 2007-0183-A)
10. / AUTHORIZATION TO BID AND AWARD A CONSTRUCTION CONTRACT FOR THE SPRING VALLEY PARK ADA ACCESSIBLE EXERCISE WALKWAY
[FUNDING SOURCE(S): FISCAL YEAR 2007-2008 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS]
11. / AUTHORIZATION TO BID AND AWARD A CONSTRUCTION CONTRACT FOR WELL RELOCATION AT LOUIS A. STELZER PARK AND WILLIAM HEISE PARK
[FUNDING SOURCE(S): GENERAL FUNDS IN CAPITAL PROJECT 1010592 – STELZER WELL REPLACEMENT AND CAPITAL PROJECT 1010593 – HEISE WELL REPLACEMENT]
12. / MCCLELLAN-PALOMAR AIRPORT – SECOND AMENDMENT TO AVIATION LEASE WITH PALOMAR AIRPORT CENTER, LLC
[FUNDING SOURCE(S): RENTAL PAYMENT FROM LESSEE UNDER TERMS OF THE AMENDED LEASE AGREEMENT]
(4 VOTES)
13. / AUTHORIZE NEGOTIATIONS TO PURCHASE LAND ADJACENT TO COUNTY AIRPORTS
[FUNDING SOURCE(S): AIRPORT ENTERPRISE FUND]
14. / TRAFFIC ADVISORY COMMITTEE RECOMMENDATIONS
15. / ADMINISTRATIVE ITEM:
COUNTY OF SAN DIEGO TRACT NO. 5305-1: APPROVAL OF FINAL MAP AND JOINT SECURED AGREEMENT FOR PUBLIC AND PRIVATE IMPROVEMENTS LOCATED IN VALLEY DE ORO COMMUNITY PLAN AREA
16. / ADMINISTRATIVE ITEM:
SECOND CONSIDERATION AND ADOPTION OF ORDINANCE: COMBINING BONSALL SPONSOR GROUP AND DESIGN REVIEW BOARD
17. / APPROVAL OF REVENUE CONTRACTS BETWEEN THE COUNTY AND THE CALIFORNIA DEPARTMENT OF FOOD AND AGRICULTURE
(4 VOTES)
18. / FIRESTORM 2007 RECOVERY – EMERGENCY WORK TO CONTROL EROSION
[FUNDING SOURCE(S): LAND USE AND ENVIRONMENT GROUP FUND BALANCE]
(4 VOTES)
19. / CLOSED SESSION
(CARRYOVER ITEM FROM 11/06/07, AGENDA NO. 15)
20. / OFF-AGENDA CONSIDERATION #1:
Local Emergency Review: October 2007 Firestorm
(4 VOTES)
21. / PUBLIC COMMUNICATION
11/7/07 25
1. / SUBJECT: / THE TRANSPORTATION IMPACT FEE: IS IT FAIR OR IS THERE A BETTER WAY? (DISTRICT: 2)(CARRYOVER ITEM FROM 10/24/07, AGENDA NO. 24)
OVERVIEW:
On October 24, 2007 (24), the Board continued this item to November 7, 2007 at 9:00 a.m.On April 13, 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 is to comply with State law and to provide funding for the construction of transportation facilities that are needed to support the increase of traffic generated by new development.
Since the adoption of this program, there have been on-going frustrations, increasing concerns and a number of questions raised by applicants, developers, citizens and local community groups over the validity of this program. The most common concern is that the fees associated with the industrial and commercial development are too high resulting in a heavy strain on the economic growth and development in the unincorporated communities of the County.
In early January, the County of San Diego plans to respond to these growing concerns by presenting to the Board of Supervisors the results of an assessment currently being prepared on the TIF program. Today’s action will direct the Chief Administrative Officer to address each question provided in this board letter (Attachment A); incorporate these findings into the County’s TIF review and bring back to the Board of Supervisors in 60 days recommendations that will change the TIF program to encourage commercial and industrial development in the unincorporated areas of San Diego County.
FISCAL IMPACT:
There is no fiscal impact related to this proposal.RECOMMENDATION:
SUPERVISOR JACOBDirect the Chief Administrative Officer to address each question provided in this board letter (Attachment A); incorporate these findings into the County’s TIF review; and bring back to the Board of Supervisors in 60 days recommendations that will change the TIF program to encourage commercial and industrial development in the unincorporated areas of San Diego County.
ACTION:
ON MOTION of Supervisor Jacob, seconded by Supervisor Horn, the Board took action as recommended, directing the Chief Administrative Officer to add to the list issues regarding remodeling of businesses.
AYES: Cox, Jacob, Roberts, Horn
ABSENT: Slater-Price
2. / SUBJECT: / NOTICED PUBLIC HEARING:
TO VACATE RIGHT OF WAY ADJACENT TO HELIX STREET, SPRING VALLEY (VACATION NO. 2007-0116) (DISTRICT: 2)
OVERVIEW:
On September 26, 2007 (2), the Board of Supervisors took action as recommended setting hearing for November 7, 2007 at 9:00 a.m.This is a request to set a date for a public hearing to vacate right of way relinquished to the County of San Diego by the State of California upon the completion of improvements to State Route 94. The property is a triangular-shaped parcel of approximately 8,882 square feet located near the intersection of Helix Street and Bancroft Drive in the Spring Valley area (Thomas Guide page 1271, B-5).
This is a request to set a hearing for November 7, 2007, and direct the Clerk of the Board to provide public notice of the hearing (Recommendations 1-3). At the hearing on
November 7, 2007, after public testimony, the Board of Supervisors will be asked to consider adopting a resolution to vacate right of way adjacent to Helix Street in the Spring Valley area (Recommendations 4 and 5).
FISCAL IMPACT:
The cost of this action is $2,500 current year cost and no annual cost. Funding source is by the Department of Public Works Road Fund.RECOMMENDATION:
CHIEF ADMINISTRATIVE OFFICER1. Adopt a Resolution entitled Resolution of the Board of Supervisors of San Diego County to Vacate Right Of-Way Adjacent to Helix Street, Spring Valley Area.
2. Direct the Clerk of the Board to record this Resolution pursuant to Streets and Highways Code Section 8325.
ACTION:
ON MOTION of Supervisor Cox, seconded by Supervisor Jacob, the Board closed the Hearing and took action as recommended, on Consent, adopting Resolution No. 07-227 entitled: RESOLUTION OF THE BOARD OF SUPERVISORS OF SAN DIEGO COUNTY TO VACATE RIGHT OF WAY ADJACENT TO HELIX STREET, SPRING VALLEY AREA.
AYES: Cox, Jacob, Roberts, Horn
ABSENT: Slater-Price
3. / SUBJECT: / NOTICED PUBLIC HEARING:
4S RANCH SHERIFF SUBSTATION – SECOND AMENDMENT TO PUBLIC BENEFIT AGREEMENT FOR SHERIFF SUBSTATION ACCEPTANCE & ENHANCEMENTS; DA 07-001 SAN DIEGUITO COMMUNITY PLANNING AREA
(DISTRICT: 5)
OVERVIEW:
On December 6, 2000 (2), the Board of Supervisors approved a Public Benefit Agreement between the County and 4S Kelwood General Partnership for the development of residential and commercial uses in the 1,681-acre, 4S Ranch Specific Plan area which is located in the San Dieguito Planning area. The Public Benefit Agreement covers all of the required infrastructure improvements which 4S Kelwood General Partnership, as developer, must provide. Provision of a Sheriff’s law enforcement facility is one of those requirements.The proposed second amendment to the Agreement provides for the installation of additional improvements requested by the San Diego County Sheriff’s Department for the 4S Ranch Sheriff Substation (Thomas Guide page 1169, E-3). The improvements needed are: 1) modifications to a roadway in front of the substation’s secured parking lot and construction of a left-turn lane to that lot; 2) expansion of the secured parking lot to accommodate additional sheriff patrol vehicle and staff parking; and 3) addition of patrol duty lockers and an enclosure to house those lockers.
Today’s Board action authorizes execution of a Second Amendment to the Public Benefit Agreement that would authorize a payment not to exceed $221,600 to 4S Kelwood General Partnership for enhancements to the Sheriff substation at 4S Ranch that are needed, but which were not envisioned at the time of the original agreement.
FISCAL IMPACT:
Funds for this request are budgeted in the Sheriff’s approved budget. The funding source is General Purpose revenue. If approved, this request will result in $221,600 current year cost.RECOMMENDATION:
PLANNING COMMISSION1. Recommend that the Board of Supervisors adopt the Ordinance approving DA 07-001, An Ordinance approving a Public Benefit Agreement Second Amendment (Attachment A on file with the Clerk of the Board).
2. Recommend that the Board of Supervisors approve the Second Amendment to Public Benefit Agreement subject to conditions approved by the Planning Commission October 19, 2007 (10) (Attachment B on file with the Clerk of the Board).
CHIEF ADMINISTRATIVE OFFICER
1. Find that the Board of Supervisors has reviewed and considered the information contained in the final Environmental Impact Report dated November 4, 1998 on file with Department of Planning and Land Use as Environmental Review Number 95-08-001 prior to making its recommendation on the project, and that there are no changes in the project or in the circumstances under which it 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 prepared.
2. Adopt the Ordinance approving DA 07-001, An Ordinance Approving A Public Benefit Agreement Second Amendment.
3. Find that the provisions of the Second Amendment to the Public Benefit Agreement are consistent with the County General Plan and any applicable Specific Plan.
4. Authorize the Clerk of the Board of Supervisors to execute a Second Amendment to the Public Benefit Agreement between the County of San Diego and 4S Kelwood General Partnership for the 4S Ranch Sheriff substation and to record the Second Amendment.
5. Authorize the Director of the Department of General Services, or designee, to accept the 4S Ranch Substation as a County-owned property from 4S Kelwood General Partnership, following completion of construction, and acceptance of the improvements by the County.
6. After acceptance, direct the Director of the Department of General Services, or designee, to prepare modifications to the north facing fence of the Substation parking lot to provide sound attenuation, and to modify the lighting of the parking lot to prevent light spillover on neighboring properties.
DEPARTMENT OF PLANNING AND LAND USE
The Department concurs with the Planning Commission recommendations.
ACTION:
ON MOTION of Supervisor Cox, seconded by Supervisor Jacob, the Board closed the Hearing and took action as recommended, on Consent, adopting Ordinance No. 9897 (N.S.) entitled: AN ORDINANCE APPROVING A PUBLIC BENEFIT AGREEMENT SECOND AMENDMENT FOR THE 4S RANCH PROJECT.
AYES: Cox, Jacob, Roberts, Horn
ABSENT: Slater-Price
4. / SUBJECT: / NOTICED PUBLIC HEARING:
OAK CREEK RECREATIONAL VEHICLE PARK EXPANSION; MAJOR USE PERMIT MODIFICATION P85-079W4; LAKESIDE COMMUNITY PLANNING AREA (DISTRICT: 2)
OVERVIEW:
This is a request for Major Use Permit Modification P85-079W4 to expand an existing recreational vehicle park. The project proposes to add 84 recreational vehicle parking spaces, passive open space areas, additional restrooms and 22 guest parking spaces on 8.1 acres adjacent to the existing recreational vehicle park. The site contains an existing residence that will be removed. The project requires annexation into the Lakeside Sanitation District for sewer service. Access to the site is from Oak Creek Road. (Thomas Guide page 1233, 3B)FISCAL IMPACT:
N/ARECOMMENDATION:
PLANNING COMMISSION1. Find on the basis of the whole record, that the project is not consistent with the rural character of the area.
2. Deny Major Use Permit Modification P85-079W4.
DEPARTMENT OF PLANNING AND LAND USE
1. Waive Board of Supervisors Policy I-106, Establishment of Priorities for Limited Sewer Capacity in the Mission Gorge Trunk Sewer Line, for Major Use Permit Modification P85-079W4.
2. Grant Major Use Permit Modification P85-079W4, 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.
ACTION:
ON MOTION of Supervisor Jacob, seconded by Supervisor Horn, the Board closed the Hearing and took action as recommended by the Department of Planning and Land Use; indicating that there be no further expansion into the Bonsall Valley area; and adding the following conditions:
A. Within 90 days of the approval of this Major Use permit, and prior to obtaining any building, grading, or construction permits, and prior to commencement of construction or use of the property in reliance on this Major Use Permit, the applicant shall:
1. Bring the park into compliance with the previously approved Major Use Permit 85-079W1, this includes the following:
a. Remove all guests that have been in the park longer than 90 days for 12 months duration pursuant to condition H.
b. Remove one RV Space and disable or remove the supporting infrastructure.
2. Provide evidence to the satisfaction of the Director of Planning and Land Use, that the Park’s rules, policies, and advertisements including websites, have been updated to enforce the County of San Diego RV Park Regulations Zoning Ordinance Sec. 6456.d.1, as it pertains to occupancy of guests. The changes shall include but not be limited to the following, “Guests are not allowed to set a reservation, or occupancy any campground space for a period exceeding 90 days in any 12 month period, nor shall the cumulative occupancy by such persons of different campground spaces anywhere in the facility exceed a total of 90 days in any 12 month period.
The following conditions below should be placed into the on-going conditions of the park to ensure compliance in the future. Condition H should be removed and replaced with the following.
C. The following conditions shall apply during the term of the Major Use Permit:
1. The applicant shall allow the County to inspect the property for which the Major Use Permit has been granted, at least once every 12 months, to determine if the applicant is complying with all terms and conditions of the Major Use Permit. If the County determines the applicant is not complying with the Major Use Permit terms and conditions the applicant shall allow the County to conduct follow up inspections more frequently than once every 12 months until the County determines the applicant is in compliance.
2. No Person shall occupy any campground space for a period exceeding 90 days in any 12-month period, nor shall the cumulative occupancy by such persons of different campground spaces anywhere in the facility exceed a total of 90 days in any 12- month period.
3. The Park shall keep a detailed log, or prepare a system that can verify the amount of time each guest has been in the park pursuant to condition C.2. The log shall identify the vehicle registration number and names of all guests residing at any particular time. This information shall be kept on-site for a minimum of three years, and be readily available for County Inspection.
4. The maximum number of rental spaces shall not exceed 204 spaces.
AYES: Cox, Jacob, Roberts, Horn
ABSENT: Slater-Price
5. / SUBJECT: / APPROVAL OF LEASE AND OPERATION AGREEMENT FOR COMMUNITY MULTIPURPOSE BUILDING AND RELATED RECREATIONAL FACILITIES AT 4S RANCH COMMUNITY PARK – BOYS AND GIRLS CLUB OF INLAND NORTH COUNTY (DISTRICT: 5)
OVERVIEW: