STATEMENT OF PROCEEDINGS

COUNTY OF SAN DIEGO BOARD OF SUPERVISORS

REGULAR MEETING - PLANNING AND LAND USE MATTERS

WEDNESDAY, JANUARY 12, 2011

Board of Supervisors North Chamber

1600 Pacific Highway, Room 310, San Diego, California

REGULAR SESSION – Regular Meeting was called to order at 9:01 a.m.

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

Approval of Statement of Proceedings/Minutes for the Meeting of December 8, 2010.

ACTION:

ON MOTION of Supervisor Slater-Price, seconded by Supervisor Cox, the Board of Supervisors approved the Statement of Proceedings/Minutes for the Meeting of December 8, 2010.

AYES: Cox, Jacob, Slater-Price, Horn

ABSENT: Roberts

Public Communication: [No Speakers]

Board of Supervisors’ Agenda Items

1. / NOTICED PUBLIC HEARING:
APPEAL OF PLANNING COMMISSION DECISION TO APPROVE, EURUS BORREGO SOLAR MAJOR USE PERMITS 09-012 & 09-014; ER NO. 09-050-01; BORREGO SPRINGS COMMUNITY, WITHIN DESERT SUBREGIONAL PLAN
NOTE:
Members of the public who are in favor of denying the appeal, thereby approving Major Use Permits 09-012 & 09-014, and wishing to speak should complete a GREEN speaker slip “In Favor” of the Planning Commission Recommendation.
Members of the public who are in favor of approving the appeal, thereby denying Major Use Permit 09-012 & 09-104, and wishing to speak should complete a PINK speaker slip “In Opposition” of the Planning Commission Recommendation.
2.* / TRANSPORTATION IMPACT FEE FIVE YEAR REVIEW AND ANNUAL REPORT – 2009/2010
3. / BEAR VALLEY PARKWAY NORTH WIDENING PROJECT - APPROVAL OF RELOCATION PLAN
[FUNDING SOURCE(S): PROPOSITION 1B REVENUES]
4. / SET HEARING FOR 01/26/11:
VACATE OPEN SPACE EASEMENTS FOR U.S. FISH & WILDLIFE SERVICE
5. / ADMINISTRATIVE ITEM:
SECOND CONSIDERATION AND ADOPTION OF ORDINANCES:
TRAFFIC ADVISORY COMMITTEE RECOMMENDATIONS (12/08/2010 - Adopt Recommendations; 1/12/2011 - Second Reading of Ordinances)
6. / ADMINISTRATIVE ITEM:
ZONING ORDINANCE UPDATE NO. 28 AND COUNTY CODE AND ADMINISTRATIVE CODE AMENDMENTS, POD 10-002
7. / CLOSED SESSION (CARRYOVER FROM 1/11/11, AGENDA NO. 11)

Supporting documentation and attachments for items listed on this agenda can be viewed online at www.sdcounty.ca.gov/cob/bosa/ or in the Office of the Clerk of the Board of Supervisors at the County Administration Center, 1600 Pacific Highway, Room 402, San Diego, CA 92101.

11

01/12/11

1. / SUBJECT: / NOTICED PUBLIC HEARING:
APPEAL OF PLANNING COMMISSION DECISION TO APPROVE, EURUS BORREGO SOLAR MAJOR USE PERMITS 09-012 & 09-014; ER NO. 09-050-01; BORREGO SPRINGS COMMUNITY, WITHIN DESERT SUBREGIONAL PLAN (DISTRICT: 5)
OVERVIEW:
On October 8, 2010, the Planning Commission recommended approval of the Eurus Borrego Solar Project (Project), which includes two Major Use Permits for unmanned photovoltaic solar energy systems. The Borrego Springs Community Sponsor Group has appealed that decision to the Board of Supervisors. The Planning Commission recommends that the Board of Supervisors deny the appeal and uphold the approval based on the Project’s consistency with the County’s Land Use Plans, Ordinances and the California Environmental Quality Act. The Project is located on Palm Canyon Drive within the unincorporated community of Borrego Springs (2010 Thomas Guide Page 1079, E-7). The Project would involve the construction and ongoing operation of a 341-acre photovoltaic solar energy system that would provide enough electricity to serve approximately 46,000 homes in the region. Staff has reviewed the issues raised in the appeal and determined that all issues have been sufficiently addressed in the environmental analysis and mitigation has been incorporated to prevent significant adverse impacts, thus the Project complies with all applicable regulations.
FISCAL IMPACT:
N/A
BUSINESS IMPACT STATEMENT:
The proposed Project would result in a commercial operation that could provide energy to the residents and businesses in the local area and region. The proposed facilities would have an overall capacity of up to 46 megawatts of power that could supply the power needs for approximately 46,000 homes annually. A portion of the power will serve the Borrego Valley area, with the remaining power going to the grid.
RECOMMENDATION:
PLANNING COMMISSION
1.  Uphold the approval of the Project by denying the appeal of the Planning Commission decisions.
2.  Find on the basis of the whole record that there is no substantial evidence that the proposed Project will have a significant effect on the environment. Consider the Mitigated Negative Declaration (MND) dated October 8, 2010 on file with the Department of Planning and Land Use as Environmental Review Number 09-050-001 together with the comments received during public review and public hearing and adopt it, finding that it reflects the independent judgment and analysis of the Board of Supervisors.
3.  Adopt the Forms of Decision entitled Form of Decision for Major Use Permits 09-012 and 09-014, approving Major Use Permits 09-012 and 09-014, make the appropriate findings and include those requirements and conditions necessary to ensure that the Project is implemented in a manner consistent with the General Plan, Zoning Ordinance and State Law.
DEPARTMENT OF PLANNING AND LAND USE
The Department concurs with the Planning Commission recommendations.
ACTION:
Noting for the record the addition of Planning and Land Use recommendation as follows:
“Authorize the Director of Planning and Land Use to execute a defense and indemnity agreement with EE Borrego Land LLC in accordance with County Code Section 86.201 et seq. Require EE Borrego Land LLC to provide security prior to project approval in the amount of $250,000.00 in the form of an irrevocable letter of credit or bond in a form acceptable to County Counsel.”
ON MOTION of Supervisor Roberts, seconded by Supervisor Horn, the Board of Supervisors deleted the Planning Commission note relating to the transmission route, closed the Hearing and took action as recommended.
AYES: Cox, Jacob, Slater-Price, Roberts, Horn
2. / SUBJECT: / TRANSPORTATION IMPACT FEE FIVE YEAR REVIEW AND ANNUAL REPORT – 2009/2010 (DISTRICTS: ALL)
OVERVIEW:
On September 29, 2010 (3), the Board of Supervisors directed the Chief Administrative Officer to return to the Board with an overall progress report and review of the initial five years of the Transportation Impact Fee (TIF) Program including the Fiscal Year 2009-10 state mandated Annual Report for fees collected. Included in the action were specific requests for information: the amount collected since the inception of the TIF Program; how those funds have been spent; the current status of any remaining funds; an overview of the Opt Out provision within the program and recommendations to improve the TIF Program.
The Board also directed the Chief Administrative Officer to work with Valley Center Shopping Center representatives, Bell Enterprises, to determine possibilities for a viable Opt Out option to address cumulative traffic impacts by a method other than paying the TIF for this project, and for other projects as well. Staff has researched CEQA requirements, Vehicle Miles Traveled as a methodology, surveyed other jurisdictions, worked with Bell Enterprises and created Opt Out guidelines.
Your Board adopted the TIF Program in 2005 to address a change in state law. The change removed local agencies’ authority to consider a development project’s cumulative traffic impacts to be insignificant (whereby there was no requirement of mitigation). Cumulative traffic impacts are incremental impacts which, when added to the impacts of other development, will eventually overburden the roadways. The change in state law made development economically infeasible for many projects because it added a requirement to perform extensive and costly studies and to provide road improvements to mitigate all cumulative impacts.
At the time your Board adopted TIF, there were approximately 300 developments stalled because of this change in state law. The County’s TIF aimed to address this situation by providing an option for development to pay a fair share, based on trip counts the project would generate, towards future road improvements to address cumulative traffic impacts. Instead of requiring each project to individually mitigate their cumulative impacts, the TIF provides a programmatic fair-share payment alternative for County projects to collectively mitigate their cumulative impacts. The TIF Program effectively enabled the backlog of private projects to move forward.
This is a request to receive a staff report and review of the initial five years of the TIF Program, and to receive the Fiscal Year 2009-10 TIF annual report.
RECOMMENDATION:
CHIEF ADMINISTRATIVE OFFICER
4.  Receive this progress report and review of the initial five years of the Transportation Impact Fee (TIF) Program.
5.  Receive the Fiscal Year 2009-10 Annual Report in compliance with the state of California Mitigation Fee Act.
ACTION:
Received reports.
3. / SUBJECT: / BEAR VALLEY PARKWAY NORTH WIDENING PROJECT - APPROVAL OF RELOCATION PLAN (DISTRICTS: 3 AND 5)
OVERVIEW:
On April 28, 2010 (3), the Board certified the Final Environmental Impact Report (FEIR) for the Bear Valley Parkway North Widening project and authorized the Department of General Services to commence negotiations to acquire right of way needed to construct the project. The project will relieve traffic congestion by widening a one-mile segment of Bear Valley Parkway, between State Route 78 and Boyle Avenue in the unincorporated area of Escondido (2010 Thomas Guide, page 1130-D3, D4). As part of the environmental review process, alternatives for the road alignment were considered, and the selected alignment results in the least impact on the property owners along Bear Valley Parkway.
Construction of the project requires acquisition of property rights from 59 parcels within the project area. Approximately 17 of the parcels have residential structures that will be demolished to construct the planned improvements. Eligible owner and tenant occupants who are displaced from their properties as a result of the project will be entitled to relocation assistance from the County. The County has hired the firm of Overland, Pacific & Cutler, Inc. to prepare a Relocation Plan for the project. In accordance with California Code a 30-day notice of the Relocation Plan was circulated to each affected household. No public comments were received. Today, the Board is requested to adopt the Relocation Plan for the Bear Valley Parkway North Widening project.
FISCAL IMPACT:
Funding for this request is included in the Fiscal Year 2010-11 Operational Plan. The funding source is Proposition 1B revenues. The estimated cost for relocation services is $763,000, which includes estimated benefit payments to displacees of $693,000 and estimated consultant fees of $70,000 to provide the relocation services. There will be no general fund cost and no need for additional staff years as a result of this request.
BUSINESS IMPACT STATEMENT:
N/A
RECOMMENDATION:
CHIEF ADMINISTRATIVE OFFICER
1.  Find that the Final Environmental Impact Report (FEIR) and Errata thereof for the Bear Valley Parkway North Widening Project, dated April 2010, SCH No. 2009-021015, on file at the Department of Public Works, was prepared in compliance with California Environmental Quality Act (CEQA) and the state CEQA Guidelines, that the decision making body has reviewed and considered the information contained therein prior to approving the project; and
Find that the currently proposed action is within the scope of the FEIR; that there are no changes in the project or in the circumstances under which it is to be undertaken that would result in the significant environmental impacts beyond those considered in the certified FEIR, nor a substantial increase in the severity of previously identified significant effects; and that no new information of substantial importance has become available since the FEIR was prepared.
2.  Adopt the Relocation Plan for the Bear Valley Parkway North Widening Project.
ACTION:
ON MOTION of Supervisor Slater-Price, seconded by Supervisor Jacob, the Board took action as recommended, on Consent.
AYES: Cox, Jacob, Slater-Price, Horn
ABSENT: Roberts
4. / SUBJECT: / SET HEARING FOR 01/26/11:
VACATE OPEN SPACE EASEMENTS FOR U.S. FISH & WILDLIFE SERVICE; VAC 10-002 (1/12/11 – SET HEARING; 1/26/11 – HOLD HEARING) (DISTRICT: 2)
OVERVIEW:
This is a request by the U.S. Fish and Wildlife Service (Service) to vacate four open space easements totaling 48.537 acres. The Service would like to include the land underlying these easements in the San Diego National Wildlife Refuge, but the Service cannot take fee title to any property that has encumbrances. Therefore, a vacation of the County’s open space easements is required for the land to be included in the San Diego National Wildlife Refuge. Management of the Refuge is consistent with the restrictions in the open space easements; therefore, no environmental impacts are associated with this vacation. The four easements are located on three parcels adjacent to existing Wildlife Refuge land in the unincorporated Crest-Dehesa and Valle de Oro Community Planning areas, APN 517-060-17, 517-030-15 and 518-050-10. (Thomas Guide Page 1272)
FISCAL IMPACT:
N/A
BUSINESS IMPACT STATEMENT:
N/A
RECOMMENDATION:
DEPARTMENT OF PLANNING AND LAND USE
On January 12, 2011:
3.  Set a public hearing for 9:00 a.m. on January 26, 2011, to consider vacation of four open space easements.
4.  Direct the Clerk of the Board of Supervisors to provide notice of the hearing via publication and posting as required by law.

ACTION:

ON MOTION of Supervisor Slater-Price, seconded by Supervisor Jacob, the Board of Supervisors took action as recommended, on Consent; setting Hearing for January 26, 2011 at 9:00 a.m.
AYES: Cox, Jacob, Slater-Price, Horn
ABSENT: Roberts
5. / SUBJECT: / ADMINISTRATIVE ITEM:
SECOND CONSIDERATION AND ADOPTION OF ORDINANCES: TRAFFIC ADVISORY COMMITTEE RECOMMENDATIONS (12/08/2010 - Adopt Recommendations; 1/12/2011 - Second Reading of Ordinances) (DISTRICTS: 2 & 5)
OVERVIEW:
On December 8, 2010 (21), the Board of Supervisors introduced Ordinances for further consideration and adoption on January 12, 2011.
The Traffic Advisory (Committee) meets every six weeks to review proposed additions, deletions or changes to regulatory traffic controls. Sixteen items were on the Committee's October 8, 2010 meeting agenda. The Committee recommends your action on 13 items; three items were continued. Items 2-G and 2-H were continued to allow input from the Valle de Oro Community Planning Group. Item 5-A was continued to allow input from the Fallbrook Community Planning Group.
This action requires two steps. On December 8, 2010, the Board will consider 13 Traffic Advisory Committee items. If the Board takes action on December 8, 2010, then on January 12, 2011, a second reading of nine ordinances amending Sections 72.169.91. and 72.169.92. and deleting Sections 72.161.57., 72.161.65., 72.161.86., 72.161.88., 72.161.98., 72.169.95.1. and 72.172.36. (Items 2-E, 2-F, 5-D, 5-E, 5-F, 5-G and 5-H) would be necessary to implement the Board’s direction.