Statement of Proceedings

COUNTY OF SAN DIEGO BOARD OF SUPERVISORS

REGULAR MEETING - PLANNING AND LAND USE MATTERS

WEDNESDAY, SEPTEMBER 26, 2012

Board of Supervisors North Chamber

1600 Pacific Highway, Room 310, San Diego, California

REGULAR SESSION – Regular Meeting was called to order at 9:05 a.m.

Present: Supervisors Ron Roberts, Chairman; Greg Cox, Vice Chairman; Dianne Jacob; Pam Slater-Price; Bill Horn; also David C. Hall, Assistant Clerk of the Board.

Approval of Statement of Board of Supervisors’ Proceedings/Minutes for the Meeting of September 12, 2012.

ACTION:

ON MOTION of Supervisor Slater-Price, seconded by Supervisor Jacob, the Board of Supervisors approved the Statement of Proceedings/Minutes for the Meeting of September 12, 2012.

AYES: Cox, Jacob, Slater-Price, Roberts, Horn

NOTICE: THE BOARD OF SUPERVISORS MAY TAKE ANY ACTION WITH RESPECT TO THE ITEMS INCLUDED ON THIS AGENDA. RECOMMENDATIONS MADE BY COUNTY STAFF DO NOT LIMIT ACTIONS THAT THE BOARD OF SUPERVISORS MAY TAKE. MEMBERS OF THE PUBLIC SHOULD NOT RELY UPON THE RECOMMENDATIONS IN THE BOARD LETTER AS DETERMINATIVE OF THE ACTION THE BOARD OF SUPERVISORS MAY TAKE ON A PARTICULAR MATTER.

Board of Supervisors’ Agenda Items

1. / NOTICED PUBLIC HEARING:
AMENDMENTS TO COUNTY CODE OF REGULATORY ORDINANCES SECTION 65.107 RELATED TO MOBILE FOOD FACILITY FEES (9/26/2012 – FIRST READING; 10/10/2012 – SECOND READING)
[FUNDING SOURCE(S): PERMIT FEES FOR MOBILE FOOD FACILITIES]
2. / NOTICED PUBLIC HEARING:
GENERAL PLAN AMENDMENT 3800 12-003 (GPA) TO THE SAN DIEGUITO COMMUNITY PLAN; SAN DIEGUITO COMMUNITY PLAN AREA
3. / NOTICED PUBLIC HEARING:
RANCHO CIELO SPECIFIC PLAN AMENDMENT; SAN DIEGUITO COMMUNITY PLAN AREA
4. / RECEIVE BACTERIA TOTAL MAXIMUM DAILY LOAD PROPOSED COMPREHENSIVE LOAD REDUCTION PLANS REQUIRED BY THE REGIONAL WATER QUALITY CONTROL BOARD
5. / ADVERTISE AND AWARD CONTRACT FOR CONSTRUCTION OF WEST ALVARADO STREET SIDEWALK IMPROVEMENTS
[FUNDING SOURCE(S): COMMUNITY DEVELOPMENT BLOCK GRANT AND HIGHWAY USER TAX ACCOUNT]
6. / ADVERTISE AND AWARD CONTRACT FOR CONSTRUCTION OF AVIATION ROAD SIDEWALK IMPROVEMENTS
[FUNDING SOURCE(S): COMMUNITY DEVELOPMENT BLOCK GRANT AND HIGHWAY USER TAX ACCOUNT]
7. / MCCLELLAN-PALOMAR AIRPORT – AMENDMENTS TO AVIATION LEASES WITH PALOMAR AIRPORT FUEL LLC AND PALOMAR AIRPORT CENTER LLC DBA PREMIER JET
[FUNDING SOURCE(S): AN ADJUSTED BASE MONTHLY RENT RECEIVED UNDER THE TERMS OF THE AMENDED LEASES]
(4 VOTES)
8. / DEPARTMENT OF PUBLIC WORKS – ADOPT A RESOLUTION AUTHORIZING THE APPLICATION AND ACCEPTANCE OF FEDERAL, STATE AND LOCAL GRANT FUNDS FOR TRANSPORTATION RELATED IMPROVEMENTS
9. / ADOPT A RESOLUTION TO APPLY FOR, ACCEPT AND ESTABLISH APPROPRIATIONS BASED ON GRANT FUNDS FROM CALIFORNIA STATE COASTAL CONSERVANCY AND ADOPT MITIGATED NEGATIVE DECLARATION FOR THE FLUME TRAIL CONSTRUCTION PROJECT
[FUNDING SOURCE(S): CALIFORNIA STATE COASTAL CONSERVANCY ALLOCATION OF PROPOSITION 84 GRANT FUNDS AND AN OPERATING TRANSFER FROM THE GENERAL FUND DUE TO CANCELLATION OF APPROPRIATIONS IN COMPLETED CAPITAL PROJECT 1016665, POTRERO PARK FENCING]
(4 VOTES)
10. / BOULDER OAKS PRESERVE – APPROVE GRAZING LEASE AGREEMENT WITH RALPH AND MARY TURNER
(4 VOTES)
11. / ESTABLISHMENT OF APPROPRIATIONS AND AUTHORIZATION TO ADVERTISE AND AWARD A CONSTRUCTION CONTRACT FOR PHASE II OF THE MOUNTAIN EMPIRE COMMUNITY CENTER PLAYGROUND
[FUNDING SOURCE(S): COMMUNITY DEVELOPMENT BLOCK GRANT, AND AN OPERATING TRANSFER FROM THE GENERAL FUND DUE TO CANCELLATION OF APPROPRIATIONS IN COMPLETED CAPITAL PROJECT 1014260, MOUNTAIN EMPIRE COMMUNITY CENTER PLAYGROUND]
(4 VOTES)
12. / ESTABLISH APPROPRIATIONS FOR CONSTRUCTION OF THE TIJUANA RIVER VALLEY NORTH EAST TRAIL CONNECTION
[FUNDING SOURCE(S): GRANT FROM THE CALIFORNIA STATE COASTAL CONSERVANCY AND AN OPERATING TRANSFER FROM THE GENERAL FUND DUE TO CANCELLATION OF APPROPRIATIONS IN COMPLETED CAPITAL PROJECT 1015188, TIJUANA RIVER VALLEY TRAILS HABITAT RESTORATION]
(4 VOTES)
13. / EXPLORING THE USE OF DIGITAL LED BILLBOARDS
14. / REASONABLE COMPLIANCE STANDARDS NEEDED FOR CLEAN WATER
15. / CONTINUED ITEM FROM 9/25/12 AGENDA NO. 23:
CLOSED SESSION
16. / PUBLIC COMMUNICATION

6

9/26/12

1. / SUBJECT: / NOTICED PUBLIC HEARING:
AMENDMENTS TO COUNTY CODE OF REGULATORY ORDINANCES SECTION 65.107 RELATED TO MOBILE FOOD FACILITY FEES (9/26/2012 – FIRST READING; 10/10/2012 – SECOND READING) (DISTRICTS: ALL)
OVERVIEW:
On February 28, 2012 (8), at the request of Chairman Ron Roberts, the Board of Supervisors directed the Chief Administrative Officer to improve public notification signage for mobile food facilities that prepare and serve food by establishing a letter grading system similar to that used to rate restaurants.
On July 11, 2012 (9), the Board received a report from the Director of Environmental Health recommending a proposed program to successfully implement a letter grading system for mobile food facilities that prepare and serve food. The Board also adopted an ordinance to grant the Department of Environmental Health the authority to grade mobile food facilities that prepare food and require the posting of a letter grade. With the adoption of the ordinance, the Department of Environmental Health commenced work with cities within San Diego County to adopt the ordinance so letter grading for mobile food facilities that prepare and serve food can be regulated countywide. The Department of Environmental Health also indicated at that time they would return in September 2012 with proposed fee adjustments to implement the new letter grading system for mobile food facilities.
This is a request to adopt ordinance amendments to Title 6 of the County Code of Regulatory Ordinances relating to fees associated with grading of mobile food facilities that prepare and serve food. Amendments would establish full cost recovery fees for grading of mobile food facilities as a result of the additional inspection time associated with grading and posting a letter grade, staff time to explain the grade and go over the results with the operator, and increased emphasis on locating the facilities in the field. The fee for hot food trucks, including gourmet trucks, is proposed for a moderate increase by 4.9% or $22 and the fee is proposed to increase by 4.5% or $16 for pushcarts serving hot dogs, coffee or other unpackaged foods with minor preparation. In Fiscal Year 2010-11, two new fee types were established for mobile food pushcarts operated under the same permit holder at one fixed site; fees were established using an estimate of staff time. Based on the additional analysis done as part of this effort, these two fees were able to be calculated using actual time, resulting in proposed fee decreases. Permit fees for the Single Operating Site, with zero to two Mobile Unpackaged Food Carts would decrease by 4.5% or $20 and for the Single Operating Site, with three to four Mobile Unpackaged Food Carts would decrease by 17.4% or $113.
FISCAL IMPACT:
Funds for this request have been included in the Fiscal Year 2012-13 Operational Plan for the Department of Environmental Health. If approved, this request will result in current year costs and revenue of $252,000. The funding source is permit fees for mobile food facilities. There will be no change in net general Fund costs and no additional staff years.
BUSINESS IMPACT STATEMENT:
Businesses impacted by these changes will benefit from having the recognition of the letter grade notifying the public that they are legal vendors operating with a valid health permit and in good compliance. It will also benefit their customers, who will be able to make safe dining choices based on the grade card posted. Approximately 250 food trucks and 300 food carts have been identified that will be affected by these changes. Current mobile food facility permit holders will be notified of changes to the County Code via a direct mailing. Three educational workshops regarding the implementation of a grading system will be conducted in October 2012.
RECOMMENDATION:
CHIEF ADMINISTRATIVE OFFICER
On September 26, 2012
1.  In accordance with Section 15061(b)(3) of the State of California Environmental Quality Act (CEQA) Guidelines, find that it can be seen with certainty that there is no possibility this project may have a significant effect on the environment and that it is therefore exempt from CEQA.
2.  Approve the introduction of the Ordinance (first reading), read title and waive further reading:
AN ORDINANCE AMENDING SECTION 65.107 OF THE COUNTY CODE OF REGULATORY ORDINANCES RELATING TO THE PERMIT FEES FOR MOBILE FOOD FACILITIES.
If on September 26, 2012 the Board takes action as recommended, then, on October 10, 2012:
Consider and adopt the Ordinance amending the County Code of Regulatory Ordinances (second reading).
ACTION:
ON MOTION of Supervisor Horn, seconded by Supervisor Slater-Price, the Board closed the hearing and took action as recommended, on Consent, introducing the Ordinance for further Board consideration and adoption on October 10, 2012.
AYES: Cox, Jacob, Slater-Price, Roberts, Horn
2. / SUBJECT: / NOTICED PUBLIC HEARING:
GENERAL PLAN AMENDMENT 3800 12-003 (GPA) TO THE SAN DIEGUITO COMMUNITY PLAN; SAN DIEGUITO COMMUNITY PLAN AREA (DISTRICT: 5)
OVERVIEW:
This is a County-initiated General Plan Amendment (GPA) to amend the text of the Rancho Cielo Specific Plan (RC Specific Plan) contained within the San Dieguito Community Plan (Community Plan). Changes within the Community Plan are proposed to correct a long standing inconsistency in textual content for the RC Specific Plan dating back thirty years. The changes will bring two differing descriptions for the RC Specific Plan consistent with one another. The proposed action will make the Community Plan text describing the RC Specific Plan internally consistent as required by Government Code Section 65300.5, will not result in any changes to the RC Specific Plan in effect today, and will preserve the RC Specific Plan overall density of 0.27 dwelling units per acre (du/ac) and maximum unit count of 719. This GPA was initiated by the County in response to the withdrawal of the RC Specific Plan Amendment (SPA 05-004) from the May 9, 2012 (1) Board of Supervisors agenda. This action should be taken regardless of any other actions to ensure internal consistency within the Community Plan for the text describing the RC Specific Plan. The case numbers for this project are: 3800 12-003 (GPA) and 3910 12-00-002 (ER).
The Rancho Cielo Specific Plan encompasses approximately 2,668 acres and is located within the San Dieguito Community Planning Area, north and west of Del Dios Highway and south of Elfin Forest and Harmony Grove Road, within the unincorporated San Diego County. (2008 Thomas Guide Page 1148, H-6; 1149, A-4, A-5 and B-4, B-5).
Please note, there is a separate item on today’s agenda that is also located within the San Dieguito Community Plan.
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:
3.  Adopt the environmental findings included in Attachment B.
4.  Adopt the Resolution entitled: RESOLUTION OF THE SAN DIEGO COUNTY BOARD OF SUPERVISORS ADOPTING GENERAL PLAN AMENDMENT (GPA) GPA 12-003 (Attachment C) for the reasons stated therein and discussed in this report.
DEPARTMENT OF PLANNING AND DEVELOPMENT SERVICES The Department of Planning and Development Services concurs with the recommendation of the Planning Commission.
ACTION:
ON MOTION of Supervisor Horn, seconded by Supervisor Cox, the Board closed the hearing and took action as recommended, adopting Resolution No. 12-151, entitled: RESOLUTION OF THE SAN DIEGO COUNTY BOARD OF SUPERVISORS ADOPTING GENERAL PLAN AMENDMENT (GPA) GPA 12-003.
AYES: Cox, Jacob, Slater-Price, Roberts, Horn
3. / SUBJECT: / NOTICED PUBLIC HEARING:
RANCHO CIELO SPECIFIC PLAN AMENDMENT; SAN DIEGUITO COMMUNITY PLAN AREA (DISTRICT: 5)
OVERVIEW:
Application date: June 28, 2005
The proposed project will allow for the continued implementation and development of the Rancho Cielo Specific Plan (RC Specific Plan) and would result in the development of two neighboring parcels with 42 single-family, Village Estate detached residential condominiums. Entitlements for this proposal include a Specific Plan Amendment, two Rezones, Tentative Maps and Site Plans. The proposed subdivisions are located along Via Ambiente north and west of El Brazo. The case numbers for this project are: 3813-05-004 (SPA), 3100-5440 (TM), 3600-05-010 (R), 3500-05-043 (STP), 3100-5441 (TM), 3600-05-011 (R), 3500-05-044 (STP), 3910-86-06-026B (ER).
The RC Specific Plan encompasses approximately 2,668 acres and is located within the San Dieguito Community Plan, north and west of Del Dios Highway and south of Elfin Forest and Harmony Grove Road, within the County of San Diego. (2008 Thomas Guide Page 1148, H-6; 1149, A-4, A-5 and B-4, B-5).
Please note, there is a separate item on today’s agenda that proposes changes to the San Dieguito Community Plan.
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:
5.  Adopt the environmental findings included in Attachment B.
6.  Adopt the Resolution entitled: RESOLUTION OF THE SAN DIEGO COUNTY BOARD OF SUPERVISORS APPROVING SPA 05-004 (Attachment C) for the reasons stated therein and discussed in this report.
7.  Adopt the Ordinance entitled:
AN ORDINANCE CHANGING THE ZONING CLASSIFICATION OF CERTAIN PROPERTY, WITHIN THE RANCHO CIELO SPECIFIC PLAN AREA, IN THE SAN DIEGUITO COMMUNITY PLAN AREA, REF: R05-010. (Attachment D)
8.  Adopt the Resolution entitled: RESOLUTION OF SAN DIEGO COUNTY CONDITIONALLY APPROVING TENTATIVE MAP NO. 5440RPL3, which includes those requirements and conditions necessary to ensure that the project is implemented in a manner consistent with state law and County of San Diego Regulations. (Attachment E)
9.  Grant Site Plan 05-043 and impose the requirements and conditions set forth in the Site Plan Form of Decision. (Attachment F)
10.  Adopt the Ordinance entitled:
AN ORDINANCE CHANGING THE ZONING CLASSIFICATION OF CERTAIN PROPERTY, WITHIN THE RANCHO CIELO SPECIFIC PLAN AREA, IN THE SAN DIEGUITO COMMUNITY PLAN AREA, REF: R05-011. (Attachment G)
11.  Adopt the Resolution entitled: RESOLUTION OF SAN DIEGO COUNTY CONDITIONALLY APPROVING TENTATIVE MAP NO. 5441RPL3, which includes those requirements and conditions necessary to ensure that the project is implemented in a manner consistent with state law and County of San Diego Regulations. (Attachment H)
12.  Grant Site Plan 05-044 and impose the requirements and conditions set forth in the Site Plan Form of Decision. (Attachment I)
DEPARTMENT OF PLANNING AND DEVELOPMENT SERVICES
1.  The Department of Planning and Development Services concurs with the recommendation of the Planning Commission, with minor revisions as described in this report and reflected in the attached resolutions of approval, and also recommends the Board of Supervisors: