STATEMENT OF PROCEEDINGS

COUNTY OF SAN DIEGO BOARD OF SUPERVISORS

REGULAR MEETING - PLANNING AND LAND USE MATTERS

WEDNESDAY, SEPTEMBER 24, 2008

Board Of Supervisors North Chamber

1600 Pacific Highway, Room 310, San Diego, California

MORNING SESSION: Meeting was called to order at 9:06 a.m.

PRESENT: Supervisors Greg Cox, Chairman; Dianne Jacob, Vice Chairwoman;

Ron Roberts; Bill Horn; also Thomas J. Pastuszka, Clerk.

ABSENT: Supervisor Slater-Price

Board of Supervisors’ Agenda Items

1. / NOTICED PUBLIC HEARING:
MESQUITE TRAILS SPECIFIC PLAN, MAJOR SUBDIVISION, AND MAJOR USE PERMIT FOR A RECREATION VEHICLE PARK; SP 04-004; TM 5373RPL4; P04-023; BORREGO SPRINGS COMMUNITY PLAN AREA
2. / NOTICED PUBLIC HEARING:
APPEAL OF THE APPROVAL OF THE KRIPPNER WIRELESS TELECOMMUNICATION FACILITY; MAJOR USE PERMIT P06-062; BONSALL COMMUNITY SPONSOR GROUP AREA
NOTE:
Members of the public who are “In Favor” of denying the appeal, thereby approving Major Use Permit P06-062, and wishing to speak should complete a GREEN speaker slip in favor of the Planning Commission Recommendation.
Members of the public who are “In Opposition” of this item are in favor of approving the appeal, thereby denying Major Use Permit P06-062, and wishing to speak should complete a PINK speaker slip in opposition of the Planning Commission Recommendation.
3. / NOTICED PUBLIC HEARING:
LAKE RANCHO VIEJO SPECIFIC PLAN AMENDMENT SPA07-001, MAJOR USE PERMIT MODIFICATION P81-023W5; SUMMARY ROAD VACATION VAC2008-0226; FALLBROOK COMMUNITY PLANNING AREA
4. / Giving the Green Light For Renewable Energy in San Diego County
5. / COUNTY VEGETATION MANAGEMENT PRACTICES
6. / SET HEARING FOR 10/29/2008:
OLIVE VISTA DRIVE AND JEFFERSON ROAD IMPROVEMENT PROJECT IN JAMUL - CONSIDERATION OF ADOPTION OF A RESOLUTION OF NECESSITY
[FUNDING SOURCE(S): TRANSNET]
7. / SAN DIEGUITO RIVER VALLEY REGIONAL OPEN SPACE PARK JOINT POWERS AUTHORITY - APPROVAL OF PROPERTIES FOR FUNDING APPLICATION OR ACQUISITION
8. / SET HEARING FOR 10/29/2008:
VOLCAN MOUNTAIN - PURCHASE OF APPROXIMATELY 206 ACRES FROM THE NATURE CONSERVANCY FOR INCLUSION IN VOLCAN MOUNTAIN PRESERVE
9. / AGUA CALIENTE SPRINGS PARK - EXTENSION OF OPERATING AGREEMENT WITH THE STATE OF CALIFORNIA
10. / APPROVAL OF THE SAN LUIS REY RIVER PARK MASTER PLAN AND CERTIFICATION OF THE PROGRAM ENVIRONMENTAL IMPACT REPORT
11. / TAVERN ROAD DRAINAGE IMPROVEMENT PROJECT: ADOPT MITIGATED NEGATIVE DECLARATION AND AUTHORIZE NEGOTIATIONS FOR ACQUISITION OF RIGHT OF WAY
[FUNDING SOURCE(S): SPECIAL DRAINAGE AREA FEES AND GAS TAX]
12. / SET HEARING FOR 10/29/2008:
ADOPT A RESOLUTION OF INTENTION TO VACATE PORTIONS OF CAMPO ROAD, VIA MARBELLA AND RELINQUISHED ACCESS RIGHTS INTO CAMPO ROAD, IN JAMUL (VACATION NO. 2008-0118)
13. / FALLBROOK COMMUNITY AIRPARK - CERTIFY PROGRAM ENVIRONMENTAL IMPACT REPORT, APPROVE MASTER PLAN, AND APPLY FOR FEDERAL AND STATE GRANT FUNDS
14. / CLOSED SESSION
(CARRYOVER ITEM FROM 09/23/08, AGENDA NO. 20)
15. / PUBLIC COMMUNICATION

9/24/08 16

1. / SUBJECT: / NOTICED PUBLIC HEARING:
MESQUITE TRAILS SPECIFIC PLAN, MAJOR SUBDIVISION, AND MAJOR USE PERMIT FOR A RECREATION VEHICLE PARK; SP 04-004; TM 5373RPL4; P04-023; BORREGO SPRINGS COMMUNITY PLAN AREA (DISTRICT: 5)
OVERVIEW:
The project proposes to subdivide a 309-acre site in Borrego into 480 recreational vehicle lots, and 28 recreation or open space lots. The site is subject to the General Plan Regional Category Country Town and Land Use Designation (21), Specific Plan Area, SPA 1.55. The proposed project is zoned S-88, Specific Plan. The project site is accessed from Borrego Valley Road. The Major Use Permit request is to establish a Recreational Vehicle development with on-site recreation facilities, landscaping features, perimeter and interior setbacks, and set forth a typical layout of the individual spaces. The Tentative Map request is to create the lots for the subdivision as required by Section 81.301 of the Subdivision Ordinance. (Thomas Guide Page 1079/C5, C6, D5, D6, E5, E6)
FISCAL IMPACT:
N/A
BUSINESS IMPACT STATEMENT:
N/A
RECOMMENDATION:
PLANNING COMMISSION
1.  Adopt the Resolution entitled SP 04-004 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 Resolution entitled TM 5373RPL4 which 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.
3.  Grant Major Use Permit P04-023 which makes the appropriate findings and includes those requirements and conditions necessary to ensure that the project is implemented in a manner consistent with The Zoning Ordinance and State Law.
4.  Find that the Board of Supervisors has reviewed and considered the information contained in the Final Environmental Impact Report (FEIR) dated March 30, 1994 on file with Department of Planning and Land Use (DPLU) as Environmental Review Number 93-11-001 and Addendum thereto dated February 19, 2008, and revised on August 12, 2008, on file with DPLU as Environmental Review Number 04-03-002 prior to making its recommendation on the project
DEPARTMENT OF PLANNING AND LAND USE
The Department concurs with the Planning Commission’s recommendation.
ACTION:
Noting for the record that an Errata sheet has been submitted as part of Attachment F of the Board Letter, ON MOTION of Supervisor Roberts, seconded by Supervisor Horn, the Board closed the Hearing and took action as recommended, on Consent, adopting Resolution No. 08-213, entitled: RESOLUTION OF THE SAN DIEGO COUNTY BOARD OF SUPERVISORS APPROVING SPECIFIC PLAN SP 04-004 MESQUITE TRAILS RANCH SPECIFIC PLAN, and Resolution No. 08-214, entitled: RESOLUTION OF SAN DIEGO COUNTY CONDITIONALLY APPROVING TENTATIVE MAP NO. 5373RPL4.
AYES: Cox, Jacob, Roberts, Horn
ABSENT: Slater-Price
2. / SUBJECT: / NOTICED PUBLIC HEARING:
APPEAL OF THE APPROVAL OF THE KRIPPNER WIRELESS TELECOMMUNICATION FACILITY; MAJOR USE PERMIT P06-062; BONSALL COMMUNITY SPONSOR GROUP AREA (DISTRICT: 5)
OVERVIEW:
This is an appeal of the June 13, 2008, decision of the Planning Commission to approve Major Use Permit P06-062 for a wireless telecommunication facility.
The project proposal consists of the construction and operation of an unmanned wireless telecommunication facility. The project proposes to construct a new faux chimney on top of a proposed garage, with a total height of 20 feet. The equipment will be housed in a 10-foot by 16-foot equipment room within the proposed garage. The proposed project is located at 2862 Gopher Canyon Court in the Bonsall Community Sponsor Group Area. [Thomas Bros. Guide, Page 1068/6A]
FISCAL IMPACT:
N/A
BUSINESS IMPACT STATEMENT:
N/A
RECOMMENDATION:
PLANNING COMMISSION
Deny the appeal, thereby approving Major Use Permit P06-062, which makes the appropriate findings and includes those requirements and conditions necessary to ensure that the project is implemented in a manner consistent with the Zoning Ordinance and state law.
DEPARTMENT OF PLANNING AND LAND USE
The Department of Planning and Land Use concurs with the recommendation of the Planning Commission.
ACTION:
ON MOTION of Supervisor Horn, seconded by Supervisor Jacob, the Board closed the Hearing and took action as recommended.
AYES: Cox, Jacob, Roberts, Horn
ABSENT: Slater-Price
3. / SUBJECT: / NOTICED PUBLIC HEARING:
LAKE RANCHO VIEJO SPECIFIC PLAN AMENDMENT SPA07-001, MAJOR USE PERMIT MODIFICATION P81-023W5; SUMMARY ROAD VACATION VAC2008-0226; FALLBROOK COMMUNITY PLANNING AREA (DISTRICT: 5)
OVERVIEW:
The proposed project would amend the Lake Rancho Viejo Specific Plan SPA 07-001 and modify Major Use Permit P81-023 to change the designation of approximately 3.5 acres of land from Recreational Vehicle Storage Area to Open Space in the Specific Plan and Major Use Permit. The General Plan designation is (21) Specific Plan and zoning for the site is RV-3 Variable Family Residential.
The project is located in the Lake Rancho Viejo Specific Plan in the Fallbrook Community Plan Area of the unincorporated County of San Diego. The project site, which is currently vacant, is located at the southern terminus of Lake Circle Street, and a planned extension of that street into the proposed open space would be summarily vacated (VAC 2008-0226). (Thomas Guide Page 1048, J-3)
FISCAL IMPACT:
N/A
BUSINESS IMPACT STATEMENT:
N/A
RECOMMENDATION:
PLANNING COMMISSION
1.  Adopt the attached Resolution approving SPA 07-001 for the Lake Rancho Viejo Specific Plan, which makes the appropriate findings and includes those requirements and conditions as necessary to ensure the project is implemented in a manner consistent with State Law and the County General Plan (Attachment B).
2.  Grant Major Use Permit Modification P81-023W5, which makes the appropriate findings and includes those requirements and conditions necessary to ensure that the project is implemented in a manner consistent with the Zoning Ordinance and State Law (Attachment D).
DEPARTMENT OF PLANNING AND LAND USE
The Department concurs with the Planning Commission recommendation and recommends:
Adopt the attached Resolution to Summarily Vacate a Portion of Lake Circle Street. Direct the Clerk of the Board to record this Resolution pursuant to Streets and Highways Code Section 8336 (Attachment C).
ACTION:
Noting for the record that an Errata sheet has been submitted as part of the Resolution, ON MOTION of Supervisor Roberts, seconded by Supervisor Horn, the Board closed the Hearing and took action as recommended, on Consent, adopting Resolution No. 08-215, entitled: RESOLUTION OF THE SAN DIEGO COUNTY BOARD OF SUPERVISORS APPROVING SPECIFIC PLAN AMENDMENT SPA 07-001 LAKE RANCHO VIEJO SPECIFIC PLAN, SP 81-02, and Resolution No. 08-216, entitled: RESOLUTION OF THE BOARD OF SUPERVISORS OF SAN DIEGO COUNTY TO SUMMARILY VACATE A PORTION OF LAKE CIRCLE STREET, FALLBROOK.
AYES: Cox, Jacob, Roberts, Horn
ABSENT: Slater-Price
4. / SUBJECT: / Giving the Green Light For Renewable Energy in San Diego County (DISTRICTS: ALL)
OVERVIEW:
Over the past decade, the need for renewable, green energy has become more important as talk of power shortages and global warming have become more common. As our region looks for ways to become more energy self-sufficient, the County must look for ways to keep its regulations current in an effort to promote renewable, green energy.
An existing challenge in the current Zoning Ordinance, pertains to the placement of temporary test poles and testing equipment for wind energy, which is a necessary step to move forward in becoming more energy efficient. Under the current ordinance, a use permit may be needed to install equipment used to test whether a site is viable for future wind energy generation. In many cases the determination to allow temporary test poles and testing equipment for wind energy may be more appropriately decided at a departmental level and not require a full use permit process.
This recommendation will streamline the process for potential energy providers by changing the County Zoning Ordinance to enable the Department of Planning and Land Use to determine if the temporary equipment should be permitted.
FISCAL IMPACT:
There is no fiscal impact resulting from this action.
BUSINESS IMPACT STATEMENT:
N/A
RECOMMENDATION:
SUPERVISOR ROBERTS AND SUPERVISOR HORN
Direct the Chief Administrative Officer to amend the County Zoning Ordinance to require an Administrative Permit, rather than a Major Use Permit, for the installation of temporary wind turbine testing equipment and to return to the Board of Supervisors within 120 days.
ACTION:
ON MOTION of Supervisor Roberts, seconded by Supervisor Horn, the Board directed the Chief Administrative Officer to return within 120 days with recommendations regarding all options for amending the zoning ordinance to modify the permitting process for Metrological Testing Towers (MET) and to look at other things that can be done for private property owners providing their own domestic system to make it easier to obtain necessary permits short of the major use permits currently required, alternative options should include administrative permits and minor use permits, with staff providing a report with pros and cons of each option. A complete report on the MET towers should detail issues of size, quantity, maintenance, removal, property line setbacks, duration of testing, and the notification process to adjacent neighbors (i.e., 300 feet notification). Staff is to return with proposed ordinances/modifications to the permitting process for any of the recommended options that would not require environmental review or further Board direction prior to being considered by the Board.
AYES: Cox, Jacob, Roberts, Horn
ABSENT: Slater-Price
5. / SUBJECT: / COUNTY VEGETATION MANAGEMENT PRACTICES (DISTRICTS: ALL)
OVERVIEW:
On May 14, 2008 (6), the Board of Supervisors directed the Chief Administrative Officer (CAO) to develop a comprehensive vegetation management program that would include mechanical, biological and prescribed burns to be incorporated into the land plans for all existing and future County-owned lands and Multiple Species Conservation Program lands. The Board also directed the CAO to return to the Board within 90 days to present a plan and seek the Board of Supervisors’ approval of the land management strategy and funding.
This report provides an overview of the vegetation management practices in development or currently being implemented by the County and a status report on the development of the County Vegetation Management Report.
FISCAL IMPACT:
N/A
BUSINESS IMPACT STATEMENT:
N/A
RECOMMENDATION:
CHIEF ADMINISTRATIVE OFFICER
1.  Receive the staff report.
2.  Confirm that development and implementation of the vegetation management practices as described in the staff report are consistent with previous Board direction.
3.  Direct staff to report back to the Board within 180 days with the results of the County Vegetation Management Report.
ACTION:
ON MOTION of Supervisor Horn, seconded by Supervisor Jacob, the Board took action as recommended.
AYES: Cox, Jacob, Roberts, Horn
ABSENT: Slater-Price
6. / SUBJECT: / SET HEARING FOR 10/29/2008:
OLIVE VISTA DRIVE AND JEFFERSON ROAD IMPROVEMENT PROJECT IN JAMUL - CONSIDERATION OF ADOPTION OF A RESOLUTION OF NECESSITY (DISTRICT: 2)
OVERVIEW:
The Olive Vista Drive and Jefferson Road Improvement Project, in the community of Jamul, will provide a safe route for students to walk or bike along a 0.9-mile segment of Olive Vista Drive from Oak Grove Middle School to Jefferson Road, and a 0.07-mile segment of Jefferson Road, between Olive Vista Drive and Lyons Valley Road. The project will widen the road consisting of two existing traffic lanes, install bike lanes and asphalt walkways on the east side of Jefferson Road and north side of Olive Vista Drive, disintegrated granite walkways on the west side of Jefferson Road and south side of Olive Vista Drive, and reconstruct the vertical curves alignment along Olive Vista Drive to improve the road’s profile and sight distance (Thomas Guide page 1292 H-1, J-1).