STATEMENT OF PROCEEDINGS

COUNTY OF SAN DIEGO BOARD OF SUPERVISORS

REGULAR MEETING - PLANNING AND LAND USE MATTERS

WEDNESDAY, SEPTEMBER 17, 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 9:14 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 Board of Supervisor’s Proceedings/Minutes for the Meetings of August 6, 2003 and August 13, 2003.

ACTION:

ON MOTION of Supervisor Roberts, seconded by Supervisor Horn, the Board of Supervisors approved the Statement of Proceedings/Minutes for the meetings of August 6, 2003 and August 13, 2003.

AYES: Cox, Jacob, Slater, Roberts, Horn

Public Communication: No Speakers

Board of Supervisors’ Agenda Items

1. / NOTICED PUBLIC HEARING:
AN ORDINANCE AMENDING THE ZONING ORDINANCE RELATING TO THE PROCESSING OF WIRELESS COMMUNICATIONS APPLICATIONS; POD 03-05
2. / NOTICED PUBLIC HEARING:
HIDDEN MEADOWS: ZONE RECLASSIFICATION, R02-006; HIDDEN MEADOWS SPECIFIC PLAN, NORTH COUNTY METROPOLITAN SUBREGIONAL PLAN AREA
3. / NOTICED PUBLIC HEARING:
PONDEROSA ESTATES; ZONE RECLASSIFICATION (R01-006), ALPINE COMMUNITY PLAN
4. / NOTICED PUBLIC HEARING:
AMENDMENTS TO THE ZONING ORDINANCE TO CLARIFY THE REQUIREMENTS FOR WIND ENERGY SYSTEMS (POD 02-02)
5. / NOTICED PUBLIC HEARING:
RIVERSIDE DRIVE IMPROVEMENT PROJECT – ADOPTION OF RESOLUTION OF PUBLIC NECESSITY AND ACQUISITION OF RIGHT OF WAY)
(4 VOTES)
6. / NOTICED PUBLIC HEARING:
VALLEY CENTER ROAD MITIGATION – ACQUISITION OF A PORTION OF ASSESSOR’S PARCEL NUMBER 185-010-97 (MCLAUGHLIN)
[FUNDING SOURCE(S): TRANSNET REVENUE]
7. / NOTICED PUBLIC HEARING:
OPEN SPACE ACQUISITION – ASSESSOR'S PARCEL NUMBER 201-010-01 (MILLER) ON OLD SPRINGS ROAD IN BORREGO SPRINGS
[FUNDING SOURCE(S): GENERAL FUND, FROM WHICH FUNDS HAVE BEEN ALLOCATED FOR THE PURCHASE OF OPEN SPACE AND MULTIPLE SPECIES CONSERVATION PROGRAM PROPERTIES]
8. / NOTICED PUBLIC HEARING:
ONDER OPEN SPACE VACATION, VAC 03-003, RAMONA COMMUNITY PLAN AREA
9. / TRAFFIC ADVISORY COMMITTEE RECOMMENDATIONS
10. / REPORT ON FEASIBILITY OF TRANSPORTATION INFRASTRUCTURE DEVELOPMENT FEE PILOT PROJECT IN RAMONA
11. / AUTHORIZATION TO ENTER INTO A REVISED JOINT EXERCISE OF POWERS AGREEMENT FOR PREPARATION OF THE OTAY RIVER WATERSHED MANAGEMENT PLAN
12. / SET HEARING FOR 10/8/03
JOSSELYN OPEN SPACE EASEMENT VACATION, VAC 90-002, RAMONA COMMUNITY PLAN AREA
13. / APPLICATION AND ACCEPTANCE OF STATE OFFICE OF TRAFFIC SAFETY GRANT FOR SCHOOL ZONE FLASHING BEACON PAGING SYSTEM
(4 VOTES)
14. / APPLICATION AND ACCEPTANCE OF STATE FUNDING FOR FY 2003-2004 LOCAL GOVERNMENT WASTE TIRE AMNESTY DAY GRANT
[FUNDING SOURCE(S): SOLID WASTE MANAGEMENT AGREEMENT FEE REVENUE]
(4 VOTES)
15. / MCCLELLAN-PALOMAR AIRPORT – AMENDMENTS TO AVIATION LEASES WITH JET SOURCE, INC.
(4 VOTES)
16. / HAZARDOUS INCIDENT RESPONSE TEAM REVENUE AGREEMENT WITH THE UNIFIED SAN DIEGO COUNTY EMERGENCY SERVICES ORGANIZATION
(4 VOTES)
17. / OUT OF COUNTRY BUSINESS FOR COUNTY VETERINARIAN TO ATTEND ANNUAL MEETING OF AMERICAN COLLEGE OF VETERINARY PATHOLOGY
18. / SET HEARING FOR 10/22/03
ACQUISITION OF ASSESSOR’S PARCEL NUMBERS 270-010-02, 04, 05; 270-030-07, 15 (DEL DIOS ESTATES, POLO REALTY INC.)
19. / RESCIND FUNDING ALLOCATION TO THE SAN ELIJO LAGOON CONSERVANCY AND ESTABLISH APPROPRIATIONS FOR THE SAN ELIJO LAGOON NATURE CENTER EXPANSION PROJECT
[FUNDING SOURCE(S): DISTRICT 3 COMMUNITY PROJECTS FUNDS WHICH WERE PREVIOUSLY ALLOCATED TO THE SAN ELIJO LAGOON CONSERVANCY]
(4 VOTES)
20. / AUTHORIZATION TO APPLY FOR AND ACCEPT GRANTS FROM THE HABITAT CONSERVATION FUND AND RECREATIONAL TRAILS PROGRAMS; RESOLUTION SUPPORTING CITY OF SAN DIEGO APPLICATION FOR GRANT FUNDS
21. / ADMINISTRATIVE ITEM:
COUNTY OF SAN DIEGO TRACT NO. 5021-1: EXTEND LIEN CONTRACT FOR IMPROVEMENTS ON FINAL MAP 13229, LOCATED IN VALLEY CENTER PLANNING GROUP AREA
22. / ADMINISTRATIVE ITEM:
COUNTY OF SAN DIEGO TRACT NO. 5186-1: APPROVAL OF A FINAL MAP AND SECURED AGREEMENT FOR PUBLIC AND PRIVATE IMPROVEMENTS LOCATED IN LAKESIDE COMMUNITY PLANNING AREA
(RELATES TO SANITATION AGENDA ITEM NO. 1)
23. / ADMINISTRATIVE ITEM:
COUNTY OF SAN DIEGO TRACT NO. 5180-1: APPROVAL OF FINAL MAP AND SECURED AGREEMENTS FOR PUBLIC AND PRIVATE IMPROVEMENTS LOCATED IN THE SAN DIEGUITO COMMUNITY PLAN AREA
24. / ADMINISTRATIVE IT/EM:
/SECOND CONSIDERATION AND ADOPTION OF ORDINANCES NEW PROGRAM TO INCREASE CONSUMER AWARENESS ABOUT SCANNER ACCURACY
25. / CLOSED SESSION
(CARRYOVER FROM 9/16/03 AGENDA ITEM NO. 23)

9/17/03 30

1. / SUBJECT: / NOTICED PUBLIC HEARING:
AN ORDINANCE AMENDING THE ZONING ORDINANCE RELATING TO THE PROCESSING OF WIRELESS COMMUNICATIONS APPLICATIONS; POD 03-05
(DISTRICT: ALL)

OVERVIEW:

The proposed amendment would allow applications for wireless communications facilities that were filed prior to the effective date (May 30, 2003) of the recent amendment to the Zoning Ordinance to be processed under the previous standards as Minor Use Permits and obtain building permits.

FISCAL IMPACT:

N/A
RECOMMENDATION:
PLANNING COMMISSION:
The docketing of this report preceded the Planning Commission hearing of September 5, 2003. An oral report on their vote and recommendation will be given at the hearing.
DEPARTMENT OF PLANNING AND LAND USE:
  1. Find that the proposed amendments are exempt from environmental review as specified under the California Environmental Quality Act Section 15061 because it can be seen with certainty that the action will have no significant environmental effect as detailed in the Notice of Exemption Form dated August13, 2003 on file with the Department of Planning and Land Use as project number POD 03-05 (Attachment A).
2.  Adopt the attached Form of Ordinance (Attachment B):
AN ORDINANCE AMENDING THE ZONING ORDINANCE RELATING TO PROCESSING OF WIRELESS COMMUNICATIONS APPLICATIONS (POD 03-05)

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 Ordinance No. 9593 (N.S.), entitled: AN ORDINANCE AMENDING THE ZONING ORDINANCE RELATING TO PROCESSING OF WIRELESS COMMUNICATIONS APPLICATIONS (POD 03-05).
AYES: Cox, Jacob, Slater, Roberts, Horn
2. / SUBJECT: / NOTICED PUBLIC HEARING:
HIDDEN MEADOWS: ZONE RECLASSIFICATION, R02-006; HIDDEN MEADOWS SPECIFIC PLAN, NORTH COUNTY METROPOLITAN SUBREGIONAL PLAN AREA
(DISTRICT: 5)

OVERVIEW:

This is a request to Rezone approximately .5 acre from the A70 Limited Agriculture Use Regulation to the RS Single Family Residential Use Regulation with other designators including a Special Area Regulation for Design.

FISCAL IMPACT:

N/A
RECOMMENDATION:
PLANNING COMMISSION:
1.  Adopt the attached Form of Ordinance (Attachment B)
AN ORDINANCE CHANGING THE ZONING CLASSIFICATION OF THE HIDDEN MEADOWS SPECIFIC PLAN AREA IN THE NORTH COUNTY METROPOLITAN SUBREGION REF: R02-006
2.  It is hereby found that the Board of Supervisors has reviewed and considered the information contained in the final Environmental Impact Report (EIR) dated November 1987 on file with the Department of Planning and Land Use (DPLU) as Environmental Review Number 90-02-058 and Third Addendum thereto dated May 21, 2003 on file with DPLU as Environmental Review Number 90-02-058F prior to making its decision on the project;
3.  The “Environmental Review Update Checklist Form for Projects with a Previously Approved Environmental Document“ dated May 21, 2003 on file with DPLU as Environmental Review Number 90-02-058F including California Environmental Quality Act Guidelines Sections 15162, 15163, and 15164 Findings for Determining the Appropriate Environmental Documentation to be completed when there is a previously certified EIR; is hereby adopted;
4.  The “California Environmental Quality Act Guidelines Section 15091 Findings Regarding Significant Effects of the Project” dated December 28, 1987 on file with DPLU as Environmental Review Number 90-02-058; is hereby adopted;
5.  It is hereby found that the use or development permitted by the application is consistent with the provisions of the Resource Protection Ordinance.
DEPARTMENT OF PLANNING AND LAND USE:
The Department of Planning and Land concurs with the Planning Commission recommendation.

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 Ordinance No. 9594 (N.S.), entitled: AN ORDINANCE CHANGING THE ZONING CLASSIFICATION OF THE HIDDEN MEADOWS SPECIFIC PLAN AREA IN THE NORTH COUNTY METROPOLITAN SUBREGION REF: R02-006.
AYES: Cox, Jacob, Slater, Roberts, Horn
3. / SUBJECT: / NOTICED PUBLIC HEARING:
PONDEROSA ESTATES; ZONE RECLASSIFICATION (R01-006), ALPINE COMMUNITY PLAN (DISTRICT: 2)

OVERVIEW:

This is a request for a Zone Reclassification (R01-006) for a 7.1-acre site in the Alpine Community Plan Area to change the Setback Designator from ‘H’ to ‘J’ on the eastern 4.4 acres and to eliminate the ‘B’ Special Area Regulation Designator on the western 2.7 acres of the site. The Planning Commission approved the associated Tentative Map (TM 5142RPL4) to subdivide the site into 24 single-family residential lots. The change in the Setback Designator will reduce the required side yard on the eastern portion of the site from 10 feet to 5 feet. This will match the existing setback requirement on the western portion of the site. The ‘B’ Designator will be removed from the western portion of the site because it does not apply to single-family residential development. The site is in the Country Town Regional Category and the (6) Residential Land Use Designation, which allows density of 7.3 dwelling units per acre. The eastern 4.4 acres of the site is subject to the RS4 Single Family Residential Use Regulations with a 10,000 square foot minimum lot size and the ‘H’ Setback Designator. The western 2.7 acres of the site is subject to the RS7 Single Family Residential Use Regulations with a 6,000 square foot minimum lot size, the ‘J’ Setback Designator and the ‘B’ Special Area Regulation Designator. No increase in density or reduction in minimum lot size is proposed. The site is located south of Alpine Boulevard, between Olivewood Lane and Marshall Road in the Alpine Community Planning Area.

FISCAL IMPACT:

N/A
RECOMMENDATION:
PLANNING COMMISSION:
1.  Adopt the Negative Declaration dated June 11, 2003, on file with the Department of Planning and Land Use as Environmental Review Number 98-14-022.
2.  Adopt the "Multiple Species Conservation Planning Conformance Findings" dated October 23, 2002, on file with the Department of Planning and Land Use as Environmental Review Number 98-14-022.
3.  Adopt the attached Form of Ordinance (Attachment B)
AN ORDINANCE CHANGING THE ZONING CLASSIFICATION OF CERTAIN PROPERTY
DEPARTMENT OF PLANNING AND LAND USE:
The Department of Planning and Land Use concurs.

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 Ordinance No. 9595 (N.S.), entitled: AN ORDINANCE CHANGING THE ZONING CLASSIFICATION OF CERTAIN PROPERTY RED: R01-006.
AYES: Cox, Jacob, Slater, Roberts, Horn
4. / SUBJECT: / NOTICED PUBLIC HEARING:
AMENDMENTS TO THE ZONING ORDINANCE TO CLARIFY THE REQUIREMENTS FOR WIND ENERGY SYSTEMS (POD 02-02) (DISTRICT: ALL)

OVERVIEW:

The proposed amendments (POD 02-02) are intended to bring the County Zoning Ordinance into compliance with the new State law for Small Wind Energy Systems (AB 1207) and increase aesthetic protection for neighbors. Changes include: an amendment to Section 6156(z), Wind Turbine systems, Small. This amendment addresses minimum parcel size, setbacks, noise, height, and qualifications for meeting the State’s definition of a Small Wind Energy System.
The Department of Planning and Land Use is also proposing amendments to the Zoning Ordinance regarding Small, Medium and Large Wind Turbine Systems. These amendments address setbacks, noise limits, and establish minimum parcel size and allowable heights. They are intended to provide consistency to the regulations governing all wind energy systems.

FISCAL IMPACT:

N/A
RECOMMENDATION:
PLANNING COMMISSION:
1.  Find that the proposed amendments are exempt from environmental review as specified under the California Environmental Quality Act (CEQA) Section 15308. The proposed revisions to the Zoning Ordinance will provide further protection of visual resources, do not propose any construction or physical changes to the environment, will not impact environmental or historical resources, affect hazardous waste sites, or have a cumulative or significant effect. (Attachment A).
2.  Adopt the attached Form of Ordinance (Attachment B):
AN ORDINANCE AMENDING THE ZONING ORDINANCE TO CLARIFY THE REQUIREMENTS FOR WIND ENERGY SYSTEMS (POD 02-02)
DEPARTMENT OF PLANNING AND LAND USE:
The Department of Planning and Land Use concurs.

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 Ordinance No. 9596 (N.S.), entitled: AN ORDINANCE AMENDING THE ZONING ORDINANCE TO CLARIFY THE REQUIREMENTS FOR WIND ENERGY SYSTEMS REF: POD 02-02.
AYES: Cox, Jacob, Slater, Roberts, Horn
5. / SUBJECT: / NOTICED PUBLIC HEARING:
RIVERSIDE DRIVE IMPROVEMENT PROJECT – ADOPTION OF RESOLUTION OF PUBLIC NECESSITY AND ACQUISITION OF RIGHT OF WAY (DISTRICT: 2)

OVERVIEW:

The Riverside Drive Improvement Project is a part of the Fiscal Year 2003-2004 Operational Plan in the Department of Public Works’ Detailed Work Program. Construction of this project will increase the safety of the roadway and help alleviate increasing congestion through this corridor. The proposed project consists of widening the existing two-lane road to accommodate the addition of a center left turn lane, which will accommodate left-turning vehicles. Improved pedestrian and non-motorized access will be provided through the installation of curbs, gutters, sidewalks and bike lanes on both sides of the roadway. Drainage facilities will be enhanced, and a traffic signal installed at the Valle Vista Road and Riverside Drive intersection. Existing pavement will be reconstructed, utilities will be placed underground and drainage improvements will be made. The project is located in the Lakeside community and will improve traffic access to State Route 67 from Riverside Drive (Thomas Guide page 1231, H3).
On July 30, 2003 (15), the Board set a hearing for September 17, 2003, to consider adoption of a Resolution of Necessity to initiate an action in eminent domain for necessary easements for the Riverside Drive Improvement Project. Since that date, two additional property owners have signed contracts with the County, bringing the total signed contracts to 15 out of 18 required parcels. The Board is requested to adopt a Resolution of Public Necessity for two outstanding parcels, approve Real Property Contracts for Parcel No. 2000-0314-A, B & C (Chastang) for $184,000 and Parcel No. 2000-0313-A (Alpha Investments, Inc.) for $32,200, and authorize staff to continue acquisition negotiations with one property owner.

FISCAL IMPACT:

Total costs for right of way acquisition for this project were not known when the budget was prepared and are now estimated to be $500,000. There is currently $100,000 budgeted for right of way acquisition. Today's action will establish additional appropriations of $400,000, based on unanticipated revenue from TransNet, to cover Fiscal Year 2003-04 projected costs. Total funding will be used for the purchase of the two parcels referred to in this Board letter, as well as parcel purchases that will be included in subsequent Board actions. If approved, the parcel purchases requested today will result in $216,200 in current year cost, no annual cost and will require no additional staff years.
RECOMMENDATION:
CHIEF ADMINISTRATIVE OFFICER
1.  Find, in accordance with Section 15301(c) of the California Environmental Quality Act (CEQA) Guidelines, that the project is categorically exempt from the provisions of the Guidelines because it consists of the minor alteration of an existing public facility involving negligible or no expansion of use.
2.  Adopt a Resolution of Public Necessity for the Riverside Drive Improvement Project, which includes Parcel No. 2000-0309-A (Southland Corp.) and Parcel No. 2000-0315-A (Henderson). (4 VOTES)
3.  Establish appropriations of $400,000 in the Department of Public Works, Detailed Work Program, for the Riverside Drive project, based on unanticipated revenue from TransNet funds. (4 VOTES)
4.  Approve the Real Property Contracts for the acquisition of Parcel No. 2000-0314-A, B & C from Christopher and Yvonne Chastang for $184,000, and Parcel No. 2000-0313-A from Alpha Investments, Inc. for $32,200, and direct the Clerk of the Board to execute two originals of each Real Property Contract.
5.  Authorize the Director of the Department of General Services, or assignee, to execute all escrow and related documents to complete the purchases.
6.  Direct the Director of the Department of General Services to continue negotiations to acquire Parcel No. 2000-0318-A1, A2, and B (Brown).

ACTION: