STATEMENT OF PROCEEDINGS
COUNTY OF SAN DIEGO BOARD OF SUPERVISORS
REGULAR MEETING - PLANNING AND LAND USE MATTERS
WEDNESDAY, APRIL 9, 2008, 9:00 AM
Board of Supervisors North Chamber
1600 Pacific Highway, Room 310, San Diego, California
MORNING SESSION: Meeting was called to order at 9:03 a.m.
PRESENT: Supervisors Greg Cox, Chairman; Dianne Jacob, Vice Chairwoman; Pam Slater-Price;
Ron Roberts; Bill Horn; also Thomas J. Pastuszka, Clerk.
Approval of Statement of Proceedings/Minutes for Meeting of March 26, 2008.
ACTION:
ON MOTION of Supervisor Roberts, seconded by Supervisor Slater-Price, the Board of Supervisors approved the Statement of Proceedings/Minutes for the Meeting of March 26, 2008.
AYES: Cox, Jacob, Slater-Price, Roberts, Horn
Board of Supervisors’ Agenda Items
1. / CONTINUED NOTICED PUBLIC HEARING:RAECORTE TENTATIVE MAP REVISION TM 5269R AND DENSITY BONUS PROJECT DBP 06-001; NORTH COUNTY METRO SUBREGIONAL PLANNING AREA
2. / CONTINUED NOTICED PUBLIC HEARING:
SECOND MAILED ASSESSMENT BALLOT PROCEEDING RESULTS AND FORMATION HEARING FOR PROPOSED SAN DIEGO COUNTY LANDSCAPE MAINTENANCE DISTRICT ZONE NO. 2 – JULIAN (JESS MARTIN PARK)
3. / NOTICED PUBLIC HEARING:
LIN OPEN SPACE VACATION; VAC 02-005, SAN DIEGUITO COMMUNITY PLAN AREA
4. / SET HEARING FOR 5/14/08:
SAN LUIS REY RIVER PARK – ACQUISITION OF 142.9 ACRES FOR OPEN SPACE (FRANK NELSON VESSELS FAMILY TRUST)
5. / SOUTH SANTA FE AVENUE NORTH RECONSTRUCTION PROJECT ACQUISITION OF RIGHT-OF-WAY PARCEL NUMBER 1997-0315-A, B, C (RODRIGUEZ)
[FUNDING SOURCE(S): SANDAG HIGHWAY TRANSNET, LOCAL TRANSNET, AND STATE ROUTE 78 CORRIDOR FUNDS]
6. / TRAFFIC ADVISORY COMMITTEE RECOMMENDATIONS
7. / SET HEARING FOR 5/14/08:
PURCHASE OF 1,372-ACRE GILDRED RANCH PROPERTY AND 480-ACRE HIGHLAND VALLEY-OAK COUNTRY II PROPERTY – RAMONA
[FUNDING SOURCE(S): GENERAL FUND BUDGETED IN CAPITAL PROJECT 1000012 – MSCP ACQUISITIONS]
8. / ADVERTISE AND AWARD CONTRACT FOR CONSTRUCTION OF ASHWOOD STREET SIDEWALK IMPROVEMENTS IN LAKESIDE
(4 VOTES)
9. / ADVERTISE AND AWARD CONTRACT FOR CONSTRUCTION OF LAKE JENNINGS PARK ROAD SLOPE REPAIR IN LAKESIDE
(4 VOTES)
10. / ADVERTISE AND AWARD CONTRACT TO INSTALL TRAFFIC SIGNAL AT INTERSECTION OF BRIARWOOD ROAD AND SWEETWATER ROAD IN BONITA
(4 VOTES)
11. / CLOSED SESSION
(CARRYOVER ITEM FROM 04/08/08, AGENDA NO. 13)
4/9/08 5
1. / SUBJECT: / CONTINUED NOTICED PUBLIC HEARING:RAECORTE TENTATIVE MAP REVISION TM 5269R AND DENSITY BONUS PROJECT DBP 06-001; NORTH COUNTY METRO SUBREGIONAL PLANNING AREA (DISTRICT: 5)
OVERVIEW:
This is a continuation of an appeal, filed by the applicant, of the Planning Commission’s denial of Tentative Map Revision TM 5269R and Density Bonus Project DBP 06-001. The appeal was presented to the Board on February 27, 2008 (2). The Board directed staff to work with the applicant, who agreed to provide a financial analysis to justify the request for development incentives, and to continue the hearing until April 9, 2008. Staff sent a letter dated February 29, 2008 to the applicant detailing the requirements of the financial analysis (Attachment K). To date, the applicant has not submitted the required financial analysis to the Department of Planning and Land Use. Therefore, staff recommendations have not changed since the February 27, 2008 hearing.The application proposes to revise an approved nine lot subdivision to 14 lots, and obtain front, side and rear lot setback variances, under the California density bonus law found at Government Code Section 65915 et seq.
The project, located in a pocket between Escondido directly to the north and San Marcos a short distance to the west, is at the intersection of Mycorte Drive and Hilcorte Drive in the North County Metropolitan Subregional Plan in the County of San Diego subject to the (6) Residential Land Use Designation and the RS4 - Single-Family Residential (4.3 dwelling units per net acre) Land Use Regulation within the North County Metropolitan Subregional area (Attachment B). Thomas Guide Page 1109, D6.
FISCAL IMPACT:
N/ARECOMMENDATION:
PLANNING COMMISSION
Deny the recommendation of the Department of Planning and Land Use to approve the revised Tentative Map 5269R and Density Bonus Project DBP 06-001 for the development of a revised project with 13 residential lots with no incentives on APN 226-280-19-00.
DEPARTMENT OF PLANNING AND LAND USE
1. Approve the resolution to approve a revised Tentative Map 5269R for 13 residential lots, make the appropriate findings and include those requirements and conditions necessary to ensure that the project is implemented in a manner consistent with the Subdivision Ordinance and the California density bonus law at Government Code Section 65915 et seq. (Attachment C).
2. Approve the Density Bonus Project DBP 06-001 for 13 residential lots and make the appropriate findings and include those requirements and conditions necessary to ensure that the project is implemented in a manner consistent with the California density bonus law (Attachment D).
3. Deny the request for the proposed incentives because: (1) One of the proposed “incentives”, the additional 14th lot, does not qualify as an incentive. (2) The applicant has requested four setback reductions, but is potentially entitled to only two. (3) In addition, none of the requested incentives can be approved because they have not been demonstrated to result in “identifiable, financially sufficient, and actual cost reductions” that would contribute significantly to the economic feasibility of the very low income housing.
ACTION:
ON MOTION of Supervisor Horn, seconded by Supervisor Jacob, the Board continued the Hearing to May 14, 2008 at 9:00 a.m.
AYES: Cox, Jacob, Slater-Price, Roberts, Horn
2. / SUBJECT: / CONTINUED NOTICED PUBLIC HEARING:
SECOND MAILED ASSESSMENT BALLOT PROCEEDING RESULTS AND FORMATION HEARING FOR PROPOSED SAN DIEGO COUNTY LANDSCAPE MAINTENANCE DISTRICT ZONE NO. 2 – JULIAN (JESS MARTIN PARK) (DISTRICT: 2)
OVERVIEW:
On January 30, 2008 (5), the Board of Supervisors authorized a second mailed assessment ballot proceeding to owners of parcels within the proposed San Diego County Landscape Maintenance District Zone No. 2 – Julian (Jess Martin Park). At a public hearing on March 26, 2008 (5) the public was provided an opportunity to comment on the proposed formation of the Landscape Maintenance District for Jess Martin Park and ballots were collected.The public meeting was continued until April 9, 2008, to allow for ballot tabulation. Following the close of the March 26, 2008 hearing, the ballots were tabulated under the direction of the assessment engineer. Today’s action is to confirm and approve ballot results. If the results indicate majority support of district formation and the Board authorizes the new district, the requested action will adopt a resolution to establish the San Diego County Landscape Maintenance District Zone No. 2 – Julian (Jess Martin Park) for Fiscal Year 2008-2009. If the ballot measure passes, the new District would become operational on July 1, 2008.
FISCAL IMPACT:
Funding for this request is budgeted in the Fiscal Year 2007-2008 Operational Plan. If approved, the costs for consultant services in the current fiscal year are encumbered in the original contract and total approximately $25,000. If the ballot measure passes there will be future costs and revenue related to operations and maintenance of Jess Martin Park which will be provided by Department of Parks and Recreation staff and funded by the proposed Landscape Maintenance District (LMD).The current total annual maintenance budget for the proposed District is approximately $100,000. The recommended assessment district does not include indexing for future cost increases including inflation. With passage of the ballot measure, approximately 90% of the budget would be provided by the assessments levied on property owners within the District boundaries. Assessment law prohibits the collection of fees for services and/or improvements that benefit properties outside the District. This would require the County to pay the remaining 10% or $10,000 of the proposed maintenance budget. If the benefit assessment fails, there is no plan to continue to operate Jess Martin Park in its current condition. The County of San Diego may be required to repay certain grant funds and incur other costs related to closure.
RECOMMENDATION:
CHIEF ADMINISTRATIVE OFFICER
1. Find in accordance with Section 15061(b)(3) of the California Environmental Quality Act (CEQA) Guidelines, that it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment and is therefore not subject to CEQA.
2. Accept and confirm the ballot results of the proposed San Diego County Landscape Maintenance District Zone No. 2 – Julian (Jess Martin Park).
If the San Diego County Landscape Maintenance District Zone No. 2 – Julian (Jess Martin Park) passes:
3. Adopt the resolution entitled Resolution of the San Diego County Board of Supervisors Approving Engineer’s Report, Confirming Diagram and Assessment, Ordering Levy of the San Diego County Landscape Maintenance District Zone No. 2- Julian (Jess Martin Park) for Fiscal Year 2008-2009. (Attachment B)
4. Authorize the Director of the Department of Parks and Recreation to re-open Jess Martin Park on July 1, 2008.
5. In accordance with Board Policy A-74, Citizen Participation in County Boards, Commissions and Committees, direct the Chief Administrative Officer to coordinate the formation of an Advisory Committee whose members will be nominated by Supervisor Jacob and approved by the Board. The Committee will serve as an advisory body by providing input to the Department of Parks and Recreation regarding annual operations and maintenance budget for Landscape Maintenance District Zone No. 2 – Julian (Jess Martin Park).
If the San Diego County Landscape Maintenance District Zone No. 2 – Julian (Jess Martin Park) fails:
6. Direct the Chief Administrative Officer to return to the Board with options for the parcel’s future and associated costs.
ACTION:
Directing the Chief Administrative Officer to work with the Friends of Jess Martin Park to determine whether the remaining funding can be used to open the park before July 1, 2008; the clerk noted for the record that the ballot results indicated a weighted vote of 52.7% in favor, and a weighted vote of 47.3% not in favor of district formation; ON MOTION of Supervisor Jacob, seconded by Supervisor Slater-Price, the Board closed the Hearing and took action as recommended, adopting Resolution No. 08-064, entitled: RESOLUTION OF THE SAN DIEGO COUNTY BOARD OF SUPERVISORS APPROVING ENGINEER'S REPORT, CONFIRMING DIAGRAM AND ASSESSMENT, AND ORDERING LEVY OF THE SAN DIEGO COUNTY LANDSCAPE MAINTENANCE DISTRICT ZONE NO. 2 - JULIAN (JESS MARTIN PARK) FOR FISCAL YEAR 2008-09.
AYES: Cox, Jacob, Slater-Price, Roberts, Horn
3. / SUBJECT: / NOTICED PUBLIC HEARING:
LIN OPEN SPACE VACATION; VAC 02-005, SAN DIEGUITO COMMUNITY PLAN AREA (DISTRICT: 5)
OVERVIEW:
The proposed project is a request to vacate 1.1 acres of a dedicated open space easement on the Lin property that is located at 6672 Poco Lago near the intersection of Caminito Santo Tomas in the unincorporated San Dieguito Community Planning area of the County of San Diego (Thomas Guide Page 1188, G1). The project is subject to the General Plan Land Use Designation of (17) Estate Residential, Regional Category of 1.3, Estate Development Area and zoning of RR.5, Rural Residential Use Regulation. The area to be vacated was dedicated as biological open space with the approval of Tentative Map 4865RPL2.The open space easement to be vacated has been planted with a fruit orchard. The easement is located on two parcels that are under the same ownership. Assessor Parcel Number 303-101-10 (2.36 acres) is vacant and Assessor Parcel Number 303-101-11 (2.22 acres) is developed with a single-family residence. The open space was dedicated to mitigate for impacts to sensitive resources. Mitigation for vacating the open space will be provided by purchasing off-site habitat in an approved mitigation bank land trust. This open space easement vacation will allow for the impacted area to continue use as a fruit orchard.
FISCAL IMPACT:
N/ARECOMMENDATION:
DEPARTMENT OF PLANNING AND LAND USE
On April 9, 2008, at the close of the public hearing consider:
a. Adopt the Resolution entitled:
Resolution Of Vacation Of Street, Highway Or Public Service Easement (LIN; VAC 02-005)
b. Accept the Purchase of 3.3 acres of Mitigation Credit;
c. Accept the Dedication of the Limited Building Zone easement; and
d. Direct the Clerk of the Board of Supervisors to record the Resolution of Vacation, which includes the findings and determinations required by law, after the applicant has proven to the satisfaction of the Director of the Department of Planning and Land Use that escrow has been closed on the purchase of the mitigation credits.
ACTION:
ON MOTION of Supervisor Horn, seconded by Supervisor Slater-Price, the Board closed the Hearing and took action as recommended, on Consent, adopting Resolution No. 08-065, entitled: RESOLUTION OF VACATION OF STREET, HIGHWAY, OR PUBLIC SERVICE EASEMENT (VAC 02-005).
AYES: Cox, Jacob, Slater-Price, Roberts, Horn
4. / SUBJECT: / SET HEARING FOR 5/14/08:
SAN LUIS REY RIVER PARK – ACQUISITION OF 142.9 ACRES FOR OPEN SPACE (FRANK NELSON VESSELS FAMILY TRUST) (DISTRICT: 5)
OVERVIEW:
On January 15, 2003 (9) the Board authorized the Chief Administrative Officer to take the necessary steps to begin work on a draft master plan for the San Luis Rey River Park and coordinate efforts with Caltrans and SANDAG staff working on the improvements to State Route 76. The proposed regional park would stretch approximately nine miles, parallel to State Route 76, along the San Luis Rey River from the Old Bonsall Bridge to Interstate 15. The park would protect the San Luis Rey River and surrounding sensitive habitat, as well as offering active and passive recreation opportunities, including trails and sports fields.The Board is requested to set a hearing for May 14, 2008 to consider the purchase of approximately 142.9 acres of land in Bonsall from the Frank Nelson Vessels Family Trust for the appraised value of $5,001,500. The land is located within the master plan area of the proposed regional park, south of State Route 76 (Pala Road), as shown in Attachment A (Thomas Guide, Page 1048-C6).