STATEMENT OF PROCEEDIGNS

COUNTY OF SAN DIEGO BOARD OF SUPERVISORS

REGULAR MEETING - PLANNING AND LAND USE MATTERS

WEDNESDAY, JUNE 23, 2010

Board Of Supervisors North Chamber

1600 Pacific Highway, Room 310, San Diego, California

MORNING SESSION: Meeting was called to order at 9:01 a.m.

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

Approval of Statement of Board of Supervisor’s Proceedings/Minutes for the Meetings of May 12, 2010 and May 19, 2010.

ACTION:

ON MOTION of Supervisor Horn, seconded by Supervisor Jacob, the Board of Supervisors approved the Statement of Proceeding/Minutes for the Meetings of May 12, 2010 and May 19, 2010.

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

Board of Supervisors’ Agenda Items

1. / NOTICED PUBLIC HEARING:
ORDINANCES AMENDING THE ZONING ORDINANCE AND SAN DIEGO COUNTY CODE RELATING TO MEDICAL MARIJUANA, POD 09-007
2. / NOTICED PUBLIC HEARING:
FIRE MITIGATION FEE PROGRAM: RESOLUTIONS SETTING FIRE MITIGATION FEE CEILINGS AND FIVE-YEAR CAPITAL FACILITIES AND EQUIPMENT PLANS IN COUNTY SERVICES AREA 135
[FUNDING SOURCE(S): developer fees]
3. / GILLESPIE FIELD DEVELOPMENT COUNCIL: SEVENTH AMENDMENT TO THE JOINT EXERCISE OF POWERS AGREEMENT BETWEEN THE COUNTY OF SAN DIEGO AND THE CITY OF EL CAJON
4. / MCCLELLAN-PALOMAR AIRPORT – SECOND AMENDMENTS TO AVIATION LEASES WITH SCIF PALOMAR, LLC DOING BUSINESS AS MAGELLAN AVIATION
(4 VOTES)
5. / NEW LEASE AGREEMENT WITH ELFIN FOREST/HARMONY GROVE FIRE DEPARTMENT, INC. AT 20223 ELFIN FOREST ROAD IN ESCONDIDO
(4 VOTES)
6. / EXTENSION OF PERFORMANCE COMPLETION DATES ON VARIOUS BONDED AGREEMENTS TO COMPLETE SUBDIVISION IMPROVEMENTS
7. / SET HEARING FOR 7/14/10:
HEARING TO CONFIRM FISCAL YEAR 2010-11 ASSESSMENTS IN THE SAN DIEGO COUNTY STREET LIGHTING DISTRICT AND LANDSCAPE MAINTENANCE DISTRICT ZONES NO. 1 AND NO. 2 – (6/23/10 - Set Hearing; 7/14/10 - Hearing)
8. / ADVERTISE AND AWARD A CONTRACT FOR CONSTRUCTION OF DOLORES STREET SIDEWALKS
[FUNDING SOURCE(S): Road Fund fund balance resulting from receipt, in May 2010, of Proposition 1B Funds from the State]
9. / ADVERTISE AND AWARD CONTRACT FOR TRAFFIC SIGNAL EQUIPMENT UPGRADES AT VARIOUS SIGNALIZED INTERSECTIONS
[FUNDING SOURCE(S): Road Fund Balance resulting from receipt, in May 2010, of Proposition 1B Fund from the State]
10. / TRAFFIC ADVISORY COMMITTEE RECOMMENDATIONS (06/23/2010 - Adopt Recommendations; 06/30/2010 - Second Reading of Ordinance)
11. / County of San Diego Tract NO. 4805-1 (final map no. 13568): Approval OF AMENDMENT TO AGREEMENT (SUBSTITUTION OF PARTIES, REPLACEMENT SECURITY AND EXTENSION OF TIME) TO COMPLETE IMPROVEMENTS Located in NORTH COUNTY METROPOLITAN SUBREGIONAL PLAN AREA
12. / CLOSED SESSION
(CARRYOVER FROM 6/22/10, AGENDA NO. 23)
13. / PUBLIC COMMUNICATION

17

6/23/10

1. / SUBJECT: / NOTICED PUBLIC HEARING:
ORDINANCES AMENDING THE ZONING ORDINANCE AND SAN DIEGO COUNTY CODE RELATING TO MEDICAL MARIJUANA, POD 09-007 (DistrictS: All)
OVERVIEW:
On August 5, 2009 (6) the County Board of Supervisors adopted an interim urgency ordinance enacting a moratorium on the establishment of medical marijuana facilities. The interim urgency ordinance was adopted to allow County staff the time needed to study how medical marijuana facilities should be permitted and determine the appropriate regulations for such uses.
As a result, amendments to the San Diego County Code of Regulatory Ordinances are proposed to add a new chapter to provide licensing and operational requirements relating to the establishment of medical marijuana collective facilities. This action will also add new language to the County Zoning Ordinance regarding the siting of medical marijuana collective facilities.
The ordinances are intended to implement the Compassionate Use Act of 1996 and the State Medical Marijuana Program Act by establishing reasonable and uniform regulation and licensing requirements that will allow qualified patients and primary caregivers to collectively or cooperatively cultivate marijuana for medical purposes, and at the same time protect the public health, safety and welfare of communities, within the unincorporated county.
Additionally, on June 23, 2009 (20), the Board of Supervisors directed the Chief Administrative Officer to amend the Zoning Ordinance to prohibit illegal, non-medical marijuana dispensaries from operating within the unincorporated area of the county. This action includes Zoning Ordinance amendments responding to this direction.
FISCAL IMPACT:
The adoption of the regulatory ordinance will result and create an additional workload for the Sheriff’s Department. The staffing implications and increased workload are due to the inspection and verification requirements of the new proposed regulation. Depending on the size of the collectives in the unincorporated areas of the county, staff anticipates a minimum of 60 additional staffing hours per week to handle the number of verifications and inspections at cultivation sites. This will necessitate the need for one additional Deputy Sheriff and one Licensing Specialist. Funds for this request are not budgeted, but as part of a funding source, it is the intent of the Sheriff’s Department to develop a processing fee which includes a full cost recovery. Fees for the implementation and process of this regulation could range between $15,000-$20,000 per collective.
Department of Planning and Land Use costs associated with increases in building permit submittal would be covered by existing building permit fees. Therefore, Department of Planning and Land Use staffing needs are not expected to increase.
BUSINESS IMPACT STATEMENT:
The ordinances propose amendments to the Zoning Ordinance and County Code of Regulatory Ordinances which would include regulations pertaining to the siting of Medical Marijuana Collective Facilities. Pursuant to State Attorney General Guidelines for the Security and Non-diversion of Marijuana Grown for Medical Use (Attorney General Guidelines), these facilities are required to operate in a non-profit capacity. Therefore the adoption of this ordinance would not have a fiscal impact to County businesses.
RECOMMENDATION:
CHIEF ADMINISTRATIVE OFFICER
On June 23, 2010:
1.  Find that the project as proposed complies with the California Environmental Quality Act (CEQA) and State and County CEQA Guidelines because the amendments can be found exempt from CEQA per Section 15308 and 15061(b)(3) of the CEQA Guidelines (Attachment D) and;
2.  Approve the introduction of the proposed San Diego County Code amendment (first reading), read title and waive further reading of the following ordinance (Attachment A):
AN ORDINANCE AMENDING THE SAN DIEGO COUNTY CODE TO ADD TITLE 2, DIVISION 1, CHAPTER 25 ADOPTING REGULATIONS RELATING TO MEDICAL MARIJUANA COLLECTIVE FACILITIES
If, on June 23, 2010, the Board takes actions recommended in Items 1 and 2, then, on June 30, 2010:
1. Adopt the attached Form of Ordinance (Attachment B);
AN ORDINANCE AMENDING THE ZONING ORDINANCE REGARDING MEDICAL MARIJUANA COLLECTIVE FACILITIES
2. Adopt the attached Form of Ordinance (Attachment C);
AN ORDINANCE AMENDING THE ZONING ORDINANCE TO PROHIBIT NON-MEDICAL MARIJUANA DISPENSARIES WITHIN THE UNINCORPORATED AREA OF THE COUNTY OF SAN DIEGO
3.  Submit the Ordinance (Attachment A) for further Board of Supervisors consideration and adoption (second reading).
AN ORDINANCE AMENDING THE SAN DIEGO COUNTY CODE TO ADD TITLE 2, DIVISION 1, CHAPTER 25 ADOPTING REGULATIONS RELATING TO MEDICAL MARIJUANA COLLECTIVE FACILITIES
PLANNING COMMISSION
On May 14, 2010, the Planning Commission, by a vote of 5 in favor, 0 opposed, 2 absent, recommended the adoption of the Zoning Ordinance amendments regulating medical marijuana collectives with a recommendation that the buffer requirements be amended to be 500 feet from residential zoned properties, 600 feet from specified sensitive land uses and 1000 feet from other established medical marijuana collectives. The Zoning Ordinance Amendment has been revised to reflect the Commission’s recommendation. A second motion recommending that staff consider requiring all medical marijuana collectives fully comply with American With Disability Act requirements passed by a vote of 4 in favor, 1 opposed, 2 absent.
ACTION:
Noting for the record that an Errata sheet has been submitted and directing the Chief Administrative Officer to modify the Zoning Ordinance in section 6935 (d1) and (d2) to reflect 1000 feet, ON MOTION of Supervisor Jacob, seconded by Supervisor Horn, the Board closed the Hearing and took action as recommended, introducing Ordinances for further Board consideration and adoption on June 30, 2010.
AYES: Cox, Jacob, Slater-Price, Horn
NOES: Roberts
2. / SUBJECT: / NOTICED PUBLIC HEARING:
FIRE MITIGATION FEE PROGRAM: RESOLUTIONS SETTING FIRE MITIGATION FEE CEILINGS AND FIVE-YEAR CAPITAL FACILITIES AND EQUIPMENT PLANS IN COUNTY SERVICES AREA 135 (DistrictS: 2, 5)
OVERVIEW:
On December 11, 1985 (11), the Board of Supervisors adopted an ordinance establishing a Fire Mitigation Fee program. The purpose of the program was to collect and allocate funds to fire agencies in the unincorporated area of San Diego County for the purpose of providing for capital facilities and equipment to serve new development. Because fire agencies lack legal authority to impose mitigation fees directly, the County collects a fee from applicants when building permits are issued and then distributes the funds to the fire agencies quarterly. The fire districts then use the funds to purchase new and/or replace existing equipment that will serve new development. The fire districts cannot use the funds to offset shortages in their existing program budgets.
To participate in the Fire Mitigation Fee program, each fire agency must demonstrate it is unable to obtain sufficient funding through other sources to accommodate increased need for fire protection due to new development. In addition, each participating County Service Area that collects fire mitigation fees is required to update its Capital Facilities and Equipment Plans for use of these funds annually.
This is a request to adopt resolutions establishing the need for funding as well as a Five-Year Capital Facilities and Equipment Plan for County Service Area 135.
FISCAL IMPACT:
There is no direct fiscal impact as a result of these recommendations. If approved, County Service Area No. 135 of the San Diego County Fire Authority will participate in the County’s Fire Mitigation Fee program. Because the funding source is developer fees, actual revenue collected depends on development activity. The Five-Year Capital Facilities and Equipment Plan (Attachment C) represents planned use of funds collected through the Fire Mitigation Fee program. Appropriations will be included in the San Diego County Fire Authority annual budget as the plans are implemented. If approved, this request will require no additional staff years.
BUSINESS IMPACT STATEMENT:
N/A
RECOMMENDATION:
CHIEF ADMINISTRATIVE OFFICER
1.  Find in accordance with Section 15061(b)(3) of the State California Environmental Quality Act (CEQA) Guidelines, that it can be seen with certainty that there is no possibility that the following action may have a significant effect on the environment.
2.  Adopt the Resolution entitled; Resolution Making Required Findings And Setting The Percentage Of Fire Mitigation Fee Ceiling In County Service Area No. 135 – San Diego County Fire Authority, for Fiscal Year 2010-11 (Attachment B).
3.  Adopt the Resolution entitled; Resolution Adopting Capital Facilities And Equipment Plan For County Service Area No. 135 – San Diego County Fire Authority, for Fiscal Year 2010-11 (Attachment C).
ACTION:
ON MOTION of Supervisor Jacob, seconded by Supervisor Cox, the Board closed the Hearing and took action as recommended, on Consent, adopting Resolution No. 10-089, entitled: RESOLUTION MAKING REQUIRED FINDINGS AND SETTING THE PERCENTAGE OF FIRE MITIGATION FEE CEILING IN COUNTY SERVICE AREA NO. 135 and adopting Resolution No. 10-090, entitled: RESOLUTION ADOPTING CAPITAL FACILITIES AND EQUIPMENT PLAN FOR COUNTY SERVICE AREA NO. 135.
AYES: Cox, Jacob, Slater-Price, Roberts, Horn
3. / SUBJECT: / GILLESPIE FIELD DEVELOPMENT COUNCIL: SEVENTH AMENDMENT TO THE JOINT EXERCISE OF POWERS AGREEMENT BETWEEN THE COUNTY OF SAN DIEGO AND THE CITY OF EL CAJON (District: 2)
OVERVIEW:
Gillespie Field, located within the City of El Cajon, is the oldest and largest County-owned airport. There are approximately 1,000 based aircraft that fly approximately 200,000 annual flight operations at this 775-acre general aviation airport, which is also categorized as a reliever airport for San Diego International Airport. The airport is a valuable community resource, providing a variety of local services and business opportunities through a unique mixture of land uses.
On March 19, 1974 (70), the Board approved the Joint Exercise of Powers Agreement between the County of San Diego and the City of El Cajon, creating the Gillespie Field Development Council. Since that time, the Gillespie Field Development Council has been responsible for assisting in implementing Gillespie Field’s Master Plan, and has been instrumental in promoting its industrial and economic development. The Joint Exercise of Powers Agreement, which has been renewed six times, expires on July 11, 2010.
This is a request to approve a seventh amendment to the Joint Exercise of Powers Agreement, extending the term until July 11, 2014. This will permit the Gillespie Field Development Council to continue to provide advice and recommendations regarding critical infrastructure development decisions through the beginning phases of improvements on a 70-acre Cajon Air Center property, which is the last remaining large parcel available at the airport. Construction is expected to begin in 2013.
FISCAL IMPACT:
This request will have no fiscal impact and will require no additional staff years.
BUSINESS IMPACT STATEMENT:
N/A
RECOMMENDATION:
CHIEF ADMINISTRATIVE OFFICER
1.  Find, in accordance with Section 15061(b)(3) of the State California Environmental Quality Act (CEQA) Guidelines, that it can be seen with certainty there is no possibility the following action may have a significant effect on the environment.
2.  Approve and authorize the Clerk of the Board to execute, upon receipt, the Seventh Amendment to the Joint Exercise of Powers Agreement between the County of San Diego and the City of El Cajon Creating An Agency to be known as the Gillespie Field Development Council extending the term of the Council to July 11, 2014.
ACTION:
ON MOTION of Supervisor Jacob, seconded by Supervisor Cox, the Board took action as recommended, on Consent.
AYES: Cox, Jacob, Slater-Price, Roberts, Horn
4. / SUBJECT: / MCCLELLAN-PALOMAR AIRPORT – SECOND AMENDMENTS TO AVIATION LEASES WITH SCIF PALOMAR, LLC DOING BUSINESS AS MAGELLAN AVIATION (District: 5)
OVERVIEW:
The County of San Diego owns and operates McClellan-Palomar Airport in Carlsbad (Thomas Guide Page 1127, D-3). McClellan-Palomar Airport is a gateway to and from San Diego’s North County. It provides facilities and services to commercial, corporate and general aviation communities and has 341 based aircraft.