County of San Diego Board of Supervisors s20
STATEMENT OF PROCEEDINGS
COUNTY OF SAN DIEGO BOARD OF SUPERVISORS
REGULAR MEETING - PLANNING AND LAND USE MATTERS
WEDNESDAY, MAY 17, 2006, 9:00 AM
Board of Supervisors North Chamber
1600 Pacific Highway, Room 310, San Diego, California
MORNING SESSION: - Meeting was called to order at 9:04 a.m.
PRESENT: Supervisors Bill Horn, Chairman; Ron Roberts, Vice-Chairman; Dianne Jacob, Pam Slater-Price; also Thomas J. Pastuszka, Clerk.
ABSENT: Supervisor Greg Cox
Board of Supervisors’ Agenda Items
1. / NOTICED PUBLIC HEARING:TOPO LANE ROAD VACATION (VAC 02-009), LAKESIDE COMMUNITY PLANNING AREA
2. / NOTICED PUBLIC HEARING:
VEDOVA TRUST LAND CONSERVATION CONTRACT AMENDMENT 72-52, NUMBER 7136-4900-A (AP 72-52M1)
3. / NOTICED PUBLIC HEARING:
GENERAL PLAN AMENDMENT (GPA) 06-001: ITEM 1: COX GPA 05-002, REZONE R05-001 (DISTRICT: 2); ITEM 2: NICHOLS/WITMAN GPA 03-009, R03-019, AP 04-002 (DISTRICT: 5); ITEM 3: MONTIEL HEIGHTS GPA 04-07; R04-014, TM 5382
4. / SET HEARING FOR 7/19/06
INTENTION TO INITATE PROPOSITION 218 COMPLIANT BALLOT PROCEEDINGS TO ESTABLISH PROPOSED LANDSCAPE MAINTENANCE DISTRICT ZONE NO. 1 – PARKS MAINTENANCE ASSESSMENT DISTRICT
5. / AUTHORIZATION TO ADVERTISE AND AWARD A CONSTRUCTION CONTRACT FOR THE SAN ELIJO LAGOON BOARDWALK PROJECT
[FUNDING SOURCE(S): DISTRICT 3 COMMUNITY PROJECTS FUNDS, DEPARTMENT OF PARKS AND RECREATION GENERAL FUNDS, AND FISCAL YEAR 2003-2004 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS]
(4 VOTES)
6. / JURISDICTIONAL TRANSFER OF PARCELS FROM DEPARTMENT OF PUBLIC WORKS TO DEPARTMENT OF PARKS AND RECREATION AND NEW COOPERATIVE AGREEMENT FOR MANAGEMENT OF SAN ELIJO LAGOON
7. / SET HEARING FOR 7/19/06
PROPOSED SAN DIEGO COUNTYWIDE PERMANENT ROAD DIVISION NO. 1000, ZONE NO. 1016 – EL SERENO WAY IN THE VISTA AREA
8. / MCCLELLAN-PALOMAR AIRPORT – NEW GROUND LEASES WITH OLYMPIC RESORT JOINT VENTURE
(4 VOTES)
9. / SET HEARING FOR 7/19/06
PROPOSED SAN DIEGO COUNTYWIDE PERMANENT ROAD DIVISION NO. 1000, ZONE NO. 1017 - RANCHITO ROADS IN THE ALPINE AREA
10. / ADMINISTRATIVE ITEM:
SECOND CONSIDERATION AND ADOPTION OF ORDINANCE:
TRAFFIC ADVISORY COMMITTEE RECOMMENDATIONS
11. / CLOSED SESSION
(CARRYOVER FROM 05/16/06, AGENDA ITEM NO. 29)
12. / PUBLIC COMMUNICATION
5/17/06 1
1. / SUBJECT: / NOTICED PUBLIC HEARING:TOPO LANE ROAD VACATION (VAC 02-009), LAKESIDE COMMUNITY PLANNING AREA (DISTRICT: 2)
OVERVIEW:
On April 26, 2006 (13), the Board directed the Clerk of the Board to set a public hearing for May 17, 2006 to consider the proposed road vacation.This is a request to vacate an easement for a future public road, Topo Lane, in the community of Lakeside. The portion to be vacated is the southern terminus located south of Mary Lane. Topo Lane is a non-Circulation Element roadway. (Thomas Guide, page 1212, B7)
The portion of Topo Lane proposed for vacation is part of an easement that was dedicated to the County of San Diego and accepted for a future public road on March 9, 1948 as part of Subdivision Map No. 2462. The County does not maintain Topo Lane. It is considered excess right-of-way and is no longer needed for public use.
FISCAL IMPACT:
N/ARECOMMENDATION:
CHIEF ADMINISTRATIVE OFFICER1. Find the project as proposed is categorically exempt from review under the California Environmental Quality Act (CEQA) pursuant to Section 15305 of the CEQA Guidelines.
2. Adopt the Resolution entitled Resolution Vacating A Portion of Topo Lane (VAC 02-0009).
3. Direct the Clerk of the Board of Supervisors to record this Resolution pursuant to Streets and Highways Code Section 8325.
ACTION:
ON MOTION of Supervisor Jacob, seconded by Supervisor Roberts, the Board closed the Hearing and took action as recommended, on Consent, adopting amended Resolution No. 06-088 entitled: RESOLUTION VACATING A PORTION OF TOPO LANE (VAC 02-009).
AYES: Jacob, Slater-Price, Roberts, Horn
ABSENT: Cox
2. / SUBJECT: / NOTICED PUBLIC HEARING:
VEDOVA TRUST LAND CONSERVATION CONTRACT AMENDMENT 72-52, NUMBER 7136-4900-A (AP 72-52M1) (DISTRICT: 2)
OVERVIEW:
The proposed project is an amendment to a Williamson Contract for parcels under the Cleto and Edith Vedova Trust, within the Rancho Santa Ysabel Preserve Number 17. The amendment would allow for a reduction in the minimum parcel size for construction of accessory structures, from 160 acres to 80 acres. The amendment would also allow for a reduction in the minimum parcel size for subdivision from 600 acres, as specified in the Land Conservation Contract 72-52, Number 7136-4900-A (see Attachment C), to 80 acres. This is consistent with the Board Policy I-38 (see Attachment E). The land under contract is used as a cattle ranch (cattle grazing). The General Plan Regional Category is Environmentally Constrained Area (ECA) and the General Plan Land Use Designation is (20) General Agriculture (minimum lot size of 20 acres) and (23) National Forest and State Parks (minimum lot size of 8 acres based on slope). The site is Zoned A72, with a minimum lot size of 40 acres in the northern portion of the site and 20 acres in the southern portion of the site. The subject parcels are located south of the junction of State Route 78 and State Route 79. (Thomas Bros. Guide: 409/B4)FISCAL IMPACT:
N/ARECOMMENDATION:
DEPARTMENT OF PLANNING AND LAND USE1. Find that the contract amendment is exempt from the California Environmental Quality Act as specified under Section 15305 of the State California Environmental Quality Act Guidelines for reasons detailed in the Notice of Exemption dated April21, 2006. (Attachment D)
2. Approve and authorize the Clerk of the Board of Supervisors to execute the First Amendment to Land Conservation Contract AP72-52 Number 7136-4900-A (Rancho Santa Ysabel Agricultural Preserve Number 17). (Attachment B)
ACTION:
ON MOTION of Supervisor Jacob, seconded by Supervisor Roberts, the Board closed the Hearing and took action as recommended, on Consent.
AYES: Jacob, Slater-Price, Roberts, Horn
ABSENT: Cox
3. / SUBJECT: / NOTICED PUBLIC HEARING:
GENERAL PLAN AMENDMENT (GPA) 06-001: ITEM 1: COX GPA 05-002, REZONE R05-001 (DISTRICT: 2); ITEM 2: NICHOLS/WITMAN GPA 03-009, R03-019, AP 04-002 (DISTRICT: 5); ITEM 3: MONTIEL HEIGHTS GPA 04-07; R04-014, TM 5382, (DISTRICT: 5).
OVERVIEW:
This is the first proposed Amendment of the San Diego County General Plan Regional Land Use Element for 2006. It consists of three privately proposed amendments to the General Plan.Item 1 is the Cox GPA. It proposes to change the Land Use Designation from (1) Residential which allows density of 1 dwelling unit per acre to (5) Residential which allows density of 4.3 dwelling units per acre for a 1.21-acre site in the Lakeside Community Plan Area. This item also proposes a Rezone to change the RR1, Rural Residential Use Regulations with minimum lot size of 1 acre to the RS, Single-Family Residential Use Regulations with minimum lot size of 10,000 square feet. A Tentative Parcel Map for three lots has been submitted and, pursuant to the Subdivision Ordinance, will be acted on by the Director of Planning and Land Use after the Board of Supervisors considers the General Plan Amendment. This project is located at 12672 Rodeo Drive, north of Los Coches Road, in the Lakeside Community Planning Area. (Thomas Bros. 1232/B5)
Item 2 is the Nichols/Witman GPA. It proposes to change the Regional Category from Environmentally Constrained Area (ECA) to Estate Development Area (EDA) and the General Plan Land Use Designation from (20) General Agriculture to (17) Estate Residential on a 9.64-acre parcel in the Valley Center Community Plan Area. This item also proposes a Rezone to reduce the minimum lot size requirement from 10 acres to 2 acres, to change the density designator from 0.1 to 0.5 and to eliminate the Special Area Designator “A” for Agricultural Preserves. An alteration to the Anderson Agricultural Preserve #88 is also proposed to exclude the project site from the Preserve. A Tentative Parcel Map for three lots has been submitted and, pursuant to the Subdivision Ordinance, will be acted on by the Director of Planning and Land Use after the Board of Supervisors considers the General Plan Amendment. This project is located on the west side of West Lilac Road, about 2,800 feet south of the intersection of Covey Lande and West Lilac Road in the Valley Center Community Planning Area.
(Thomas Bros. 1069/D2)
Item 3 is the Montiel Heights GPA. It proposes to change the Land Use Designation from (6) Residential, which allows density of 7.3 dwelling units per acre to (8) Residential which allows density of 14.5 dwelling units per acre on a 5.01 acre site in the North County Metropolitan Subregional Plan Area. This item also proposes a Rezone to change the RS4, Single-Family Residential Use Regulations with density of 4.3 dwelling units per acre to the RM14.5 Multiple-Family Residential Use Regulations with density of 14.5 dwelling units per acre and a Tentative Map for a one-lot condominium development of 70 units. This project is located at 1310 Montiel Road, northwest of the interchange of I-15 and Highway 78, in the North County Metropolitan Subregional Planning Area. (Thomas Bros. 1129/F2)
FISCAL IMPACT:
N/ARECOMMENDATION:
PLANNING COMMISSION1. Adopt the attached Resolution (Attachment B) approving General Plan Amendment (GPA) 06-001 which makes the appropriate findings and includes those requirements and conditions necessary to ensure that the project is implemented in a manner consistent with State law and the County General Plan.
2. Adopt the attached Form of Ordinance (Attachment C):
“AN ORDINANCE CHANGING THE ZONING CLASSIFICATION OF CERTAIN PROPERTY IN THE LAKESIDE, VALLEY CENTER, AND NORTH COUNTY METROPOLITAN PLANNING AREAS”
3. Adopt the Resolution approving TM 5382 (Item 3) that makes the appropriate findings and includes those requirements and conditions necessary to ensure that the project is implemented in a manner consistent with the Subdivision Ordinance and State Law (Attachment D).
DEPARTMENT OF PLANNING AND LAND USE
The Department concurs with the Planning Commission recommendations. In addition, the Department recommends that the Board of Supervisors:
Adopt the Resolution amending the Anderson Agricultural Preserve #88 (Item 2) for the reasons included in the staff report (Attachment E).
ACTION:
ON MOTION of Supervisor Jacob, seconded by Supervisor Roberts, the Board closed the Hearing and took action as recommended, adopting the following Resolutions and Ordinance: Resolution No. 06-089 entitled: A RESOLUTION OF THE SAN DIEGO COUNTY BOARD OF SUPERVISORS ADOPTING GENERAL PLAN AMENDMENT (GPA) 06-001; Resolution No. 06-090, entitled: RESOLUTION OF SAN DIEGO COUNTY APPROVING CONDITIONS FOR TENTATIVE MAP NO. 5382RPL; Resolution No. 06-091, entitled: RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN DIEGO ALTERING THE BOUNDARIES OF THE ANDERSON AGRICULTURAL PRESERVE NO. 88; and Ordinance No. 9778 (N.S.) entitled: AN ORDINANCE CHANGING THE ZONING CLASSIFICATION OF CERTAIN PROPERTY IN THE LAKESIDE, VALLEY CENTER, AND NORTH COUNTY METROPOLITAN PLANNING AREAS (REF: GPA 06-001).AYES: Jacob, Slater-Price, Roberts, Horn
ABSENT: Cox
4. / SUBJECT: /
SET HEARING FOR 7/19/06
INTENTION TO INITATE PROPOSITION 218 COMPLIANT BALLOT PROCEEDINGS TO ESTABLISH PROPOSED LANDSCAPE MAINTENANCE DISTRICT ZONE NO. 1 – PARKS MAINTENANCE ASSESSMENT DISTRICT (DISTRICT: 2)OVERVIEW:
The Advisory Board of County Service Area 26 – Rancho San Diego has petitioned the County to conduct mailed ballot proceedings to levy a benefit assessment for parks maintenance pursuant to the Landscape and Lighting Act of 1972. Assessments would provide revenue to maintain existing and additional park and recreation facilities within the boundaries of County Service Area 26.In order to maintain current levels of service to these parks and future park improvements within this proposed Parks Maintenance Assessment District as desired by the area residents, the Department of Parks and Recreation proposes the establishment of a benefit assessment on properties in the geographic areas of County Service Area 26.
During May through July 2005, property owners in and around the areas of County Service Area 26 – Rancho San Diego were asked to vote on the establishment of a Parks Maintenance Assessment District. On July 13, 2005 (9), the Board of Supervisors voted to terminate that ballot measure and restart the process to include only those properties within County Service Area 26 to be included in the proposed Parks Maintenance Assessment District Zone No. 1. This proposed Parks Maintenance Assessment District will only include parcels inside the County Service Area 26 boundaries.
On May 18, 2005 (3), the Board of Supervisors adopted Board Policy J-37 to define priorities and criteria for formation of Landscape Maintenance Districts and zones utilizing Landscape and Lighting Act proceedings (Streets and Highways Code, Section 22500 et. seq.) for needs other than street lighting. This proposal is in compliance with Board Policy J-37.
The requested action is to accept the Preliminary Engineer’s Report, adopt a resolution to initiate the formation of, and stating its intentions to establish a Parks Maintenance Assessment District, and approve a resolution adopting assessment ballot procedures. The resolution sets the date of July 19, 2006, as the date of the required public hearing. Approval of this request will initiate the ballot proceedings in order for property owners to vote on the benefit assessment.
FISCAL IMPACT:
Funding for this proposal is budgeted in the Department of Parks and Recreation and will result in a $49,000 current year cost to fund the ballot proceedings process for formation of a Parks Maintenance Assessment District (PMAD). If the ballot measure is approved, it will result in an estimated additional $130,000 in annual revenue for maintenance of parks located within County Service Area 26 (CSA 26). This additional revenue will be combined with the current annual revenue of $230,500 that is funded by a fixed charge from CSA 26 residents. In addition, if approved, the County will be paying its share of the PMAD assessment fees on assessable properties owned within the proposed district. The County’s portion of the proposed fees is estimated at $600 annually and would be paid by the department managing each parcel. If approved, the PMAD assessment fees could increase a maximum of 3% annually, which is based on the Consumer Price Index – Urban (CPI-U).The new parks maintenance assessment is being requested because the current CSA 26 revenue source does not generate sufficient funding to provide the level of park maintenance desired by the users of the parks in CSA 26. This proposal requires no additional staff years.
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 the Preliminary Engineer’s Report (Attachment A) entitled: County of San Diego Landscape Maintenance District Zone No. 1, on file at the County of San Diego Department of Parks and Recreation located at 5201 Ruffin Road, Suite P, San Diego, California 92123.
3. Adopt a resolution (Attachment B) entitled: Resolution of the San Diego County Board of Supervisors Initiating Formation and Stating its Intention to Establish an Assessment District Pursuant to the Landscape and Lighting Act of 1972 and Directing Actions with Respect Thereto.
This resolution sets July 19, 2006 as the date of the required public hearing.
4. Adopt a resolution (Attachment C) entitled: Resolution of the San Diego County Board of Supervisors Adopting Assessment Ballot Procedures Pursuant to Article XIIID of the State Constitution and Implementing Legislation.
ACTION: